LAKSHMI AMMAL Vs. S.BAKTHAVATSALU NAIDU

JUDGEMENT

(1.) The present second appeal arises against the judgment and decree of the court of the learned Principal District Judge, Chengalpet, in Civil Regular Appeal Suit No.47 of 1999 dtd. 14/10/1999 in reversing the judgment and decree of the learned District Munsif at Chengalpet in O.S.No.126 of 1985 dtd. 30/3/1999 and thereby, decreeing the suit for declaration of title, recovery of possession of B schedule mentioned property and also granting of injunction restraining the defendants from putting up any constructions over the B schedule and for costs.

(2.) The appellants before this Court are the defendants in the suit. For the sake of convenience, the parties shall be referred as per their ranks in the suit.

(3.) The plaintiff claimed that he is the absolute owner of the A schedule mentioned property. B schedule is on eastern portion of the A schedule. He claimed that he purchased A schedule property from one Savithri Ammal by way of a registered sale deed dtd. 29/7/1977. Savithri Ammal had purchased the said property from one Venkatathri on 24/4/1965. Venkatathri had acquired title to the property by virtue of a partition deed, between his father, himself and his siblings. The partition deed is a registered document dtd. 24/6/1951. The plaintiff alleged that after the purchase, he had put up a rice mill over the portion of A schedule property. B schedule property was kept vacant by him.