PICHAI ASARI DIED Vs. MARIAPPAN PETHIRIAR

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree of the District Court, Puddukkottai confirming the judgment and decree of the District Munsif Court, Pudukkottai and the appellants herein are the legal heirs of the unsuccessful plaintiff before both the Courts below who has since died.

(2.) THE case of the plaintiff is that the suit first item was acquired by him from one Venkatachala Solathiriyar vide Ex.A.1, registered sale deed dated 01.04.1974 and the suit item 2 is his ancestral property and he is in possession of both the suit properties and the defendant has no right whatsoever in them. THE further case of the plaintiff is that he put up a shed in the suit first item and when the defendant interfered with his possession of the shed, he lodged a complaint with the Mandayur Police Station and filed a suit for permanent injunction.

(3.) ON appeal before the lower appellate court, the plaint was amended seeking declaration of title and recovery of possession and the appellate judge held that Ex.B.2, parent deed did not tally with Ex.B.1 sale deed and only a portion of the property mentioned in Ex.B.2, sale deed, was purchased by the defendant. The appellate judge further held that the plaintiff is not in enjoyment of the entire suit item 1 and that the defendant is in possession of the same and holding so, confirmed the judgment of the Trial Court.