GOVINDHA KANDAR Vs. K.MANOHARAN

JUDGEMENT

(1.) The Second Appeal is filed against the judgment and decree dated 30.12.2008 in A.S.No.25 of 2008 passed by the learned Subordinate Judge, Palani, reversing the judgment and decree dated 27.03.2008 in O.S.No.509 of 2001 passed by the learned District Munsif, Palani.

(2.) The 1st defendant, who lost the legal battle before the First Appellate Court, has come forward with this Second Appeal.

(3.) The 1st respondent as the plaintiff, filed a suit in O.S.No.509 of 2001 before the District Court, Palani, for declaration and also for injunction, restraining the defendants from interfering peaceful possession and enjoyment of a Well situated in Survey No.322 to an extent of 0.06 cent at Rajampatti Village. One Shankara Raman son of Narayana Iyyer was owning vast extent of properties. After enactment of Land Ceiling Act, the Government acquired excess land to an extent of 16 acres 30 cents in Survey Nos.319, 320, 321 and 348 and the remaining lands were in possession and enjoyment of the said Sankara Raman. In respect of the remaining extent of land including the Well, the said Sankara Raman executed a power of attorney on 28.03.1996 in favour of one K.V.Narayanan son of K.R.Venkata Rama Iyyer and as a power agent and the said K.V.Narayanan executed a sale deed dated 11.06.1998 in favour of the defendants' sons viz., Subramanian, Nagaraj and Perumal and they are in possession and enjoyment of the land to an extent of 3 acres 10 cents. The plaintiff purchased half share in suit Well by way of a sale deed dated 23.10.2000 from the said K.V.Narayanan. Now the 1st defendant had purchased the property from Sankara Raman on 05.01.2001 and attempted to interfere with possession and enjoyment, disputing the title to the suit property. Hence, he constrained to file the suit for declaration and injunction.