PARAMASIVAN KARAYALAR Vs. ISAKKI THEVAR

JUDGEMENT

(1.) The plaintiff has filed this Second Appeal, challenging the decree and judgment passed in A.S.No.41 of 2010, dated 06.04.2011, on the file of the Subordinate Court, Kovilpatti by confirming the decree and judgment passed in O.S.No.273 of 2008, dated 13.07.2010, on the file of the District Munsif Court, Kovilpatti.

(2.) The appellant, as plaintiff, has filed a suit in O.S.No.273 of 2008 for declaration of title and for consequential injunction in respect of S.NO.7/2 in the plaint schedule property from one Muthammal on 03.02.1990. From that date onwards, he is in possession and enjoyment of the same, after making mutation of the revenue records. On 22.10.2008, the defendant, without any right over the property, attempted to interfere with his peaceful possession and enjoyment. Hence, he was constrained to file a suit for the above said relief.

(3.) This respondent, as defendant, filed a detailed written statement stating that the suit property is his ancestral property. He sold the same in favour of one Muthammal on 28.05.1982 only 90 cents, out of 70 Ares. Hence, Muthammal has no right to sell the property, what she was not purchased under the sale deed dated 28.05.1982. The defendant alone is in possession and enjoyment of the suit property. Hence, he prayed for dismissal.