M.Y.RAHAMATHULLA Vs. S.A.AMANULLA

JUDGEMENT

(1.) The plaintiff, as appellant has come forward with the Second Appeal, challenging Decree and Judgment of the learned Subordinate Judge, Nagercoil, in A.S.No.91 of 1988, dated 21.07.1989 by reversing the judgment and decree of the learned Principal District Munsif, Nagercoil, in O.S.No.753 of 1983, dated 24th August 1987.

(2.) Heard the learned Counsel for the appellant and the learned Counsel appearing for the respondents.

(3.) The appellant as plaintiff filed a suit in O.S.No.753 of 1983 for declaration of title and for injunction in respect of the suit property ­ house by stating that the property was originally owned by one Syed Abubucker, from whom he purchased the same under a sale deed document No.698/1978 and he is in possession and enjoyment of the same. On 25.10.1983, the defendants attempted to interfere with his peaceful possession and enjoyment of the property and began to dug and attempted to remove the soil to put the building and denying the title, hence, he is constrained to file the suit for the above stated relief.