SUBBURAYA GOUNDER Vs. BALAKRISHNAN

JUDGEMENT

(1.) THE appellant herein is the plaintiff. He filed a suit in O. S. No. 71 of 1999 before the Additional District munsif, Cuddalore for the relief of declaration and recovery of possession of the suit property. The suit property is situated at kondur Village, Cuddalore registered district. The survey number is 77. The suit land measuring to the extent of 0. 261/2 cents out of 0. 53 cents. The said suit was decreed in favour of the plaintiff and thereafter, the defendants preferred an appeal before the learned Subordinate Judge, Cuddalore and the same was allowed. As against the said order, the present second appeal has been filed by the plaintiff.

(2.) THE case of the appellant/plaintiff is as follows : he purchased the suit property on 6-6-1962 for a valid consideration from one iyyakannu Filial. At that time under him one venkatakrishna Reddiar of Kondur was cultivating the said land as a lessee. Thereafter, the appellant/plaintiff came into possession and has been cultivating the land. Since the appellant/plaintiff filed the original document in the earlier proceedings he could not file the original document. Even though the appellant/plaintiff purchased the said piece of land for doing cultivation at Kondur Village, he left the village subsequently, and settled at Kayathur village, villupuram Taluk. When his sister-in-law one Kannammal asked him to reside at the suit premises by putting a hut therein he allowed her to occupy there. She has remained in the said land for 10 years and died. After her death the first defendant son was living there. In spite of the appellant/ plaintiff insisting him to vacate from the premises he refused to do the same. But the first defendant without any basis and right allowed the second defendant to occupy a certain portion of the suit property and allowed him to put up a thatched shed therein. Since the first defendant refused to vacate from the premises in spite of several requests made by the appellant/plaintiff, the appellant/plaintiff filed a suit for the relief of declaration and permanent injunction against the respondents.

(3.) THE first defendant did not dispute the purchase of the plaintiff from one i0yyakannu Filial under a registered sale deed on 6/6/1992. After the purchase of the said property, since the plaintiff wanted to settle at Kayathyr Village, he sold the property in favour of the first defendant during the year 1963 for Rs. 1500. 00.