K.RAMASAMY Vs. AYYASAMY

JUDGEMENT

(1.) The defendant in the suit in O.S.No.45 of 2009 on the file of the Additional District Munsif Court, Sankarankovil, is the appellant in this Second Appeal.

(2.) The respondent herein filed a suit in O.S.No.45 of 2009 for permanent injunction restraining the appellant herein from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. The suit property is an extent of 2.21.0 Hectares equivalent to 5.46 acres in Survey No.72/1, Kuruvikulam Village and Panchayat, Kalugumalai Sub Registration District, Sankarankovil Taluk.

(3.) The case of the respondent in the plaint are as follows: 3.1.The suit property was the self-acquired property of one Sangava Naicker. After his death, the property devolved on his three sons, namely, Seenivasa Naicker, Rajagopal Naicker, and Samy Ayyaa Naicker. After the death of Sangava Naicker, all the three sons of Sangava Naicker were enjoying the property in common. Thereafter, one of the sons, namely, Rajagopal Naicker died leaving behind his wife Tmt.Rajammal. Another son Samy Ayya Naicker died leaving behind his son Thiyagarajan. Seenivasa Naicker had one son by name Thirupathy. The plaintiff purchased the suit property from the legal heirs of Sangava Naicker by a registered sale dated 25.09.2008 for a valid consideration of Rs.2,07,740/-. The plaintiff is also in enjoyment of the suit property pursuant to the sale deed. The plaintiff is raising green gram, black gram, etc., in the suit property. However, the defendant made an attempt on 25.02.2009 to interfere with the possession of the plaintiff. Hence, a complaint was given to the local police and the defendant was warned by the police. However, the defendant is trying to interfere with the peaceful possession of the plaintiff even contrary to the undertaking he had earlier given to the police. Hence, the plaintiff is constrained to file the suit.