KALIYA PERUMAL Vs. KELANNJI AMMAL @ KELANNJI

JUDGEMENT

(1.) Challenge in this second appeal is made by the defendants against the Judgment and Decree dated 24.09.2010 passed in A.S.No.113 of 2005 on the file of the Sub-Court, Villupuram, confirming the Judgment and Decree dated 11.08.2004 passed in O.S.No.133 of 2003 on the file of the Principal District Munsif, Thirukoilur.

(2.) The suit has been laid by the respondent /plaintiff for declaration and permanent injunction.

(3.) The averments contained in the plaint are briefly stated as follows: The suit property originally belonged to Government, being a Tharisu land and the plaintiff has been in possession and enjoyment of the suit property since 1990 and considering her possession and enjoyment over the suit property, Government issued patta in favour of the plaintiff and since then, the suit property has been in possession and enjoyment of the plaintiff. In the patta, instead of mentioning the plaintiff's father's name as Ramasamy, it has been wrongly mentioned as Plaintiff's husband's name is Ramasamy. The defendants have no right, title or possession over the suit property and the defendants have lands to east of the suit property and inasmuch as the plaintiff refused to accede to the request of the defendants to give the suit property to them for sale, the defendants are attempting to interfere with the possession and enjoyment of the suit property and hence, the suit.