CHELLIAH Vs. CHINNATHANGAM

JUDGEMENT

(1.) Challenging the judgment and decree passed in A.S.No.50 of 2007 on the file of the Subordinate Court, Thoothukudi, reversing the judgment and decree passed in O.S.No.324 of 2004, on the file of the Additional District Munsif Court, Thoothukudi, the plaintiff has filed the above Second Appeal.

(2.) The plaintiff filed the suit in O.S.No.324 of 2004 for permanent injunction. According to the plaintiff, he entered into a sale agreement with one Suresh John Vedanayagam on 09.08.1985 for purchasing the first item of the suit property. The plaintiff also contended that he paid an advance of Rs.2,000/- and he was put in possession of the first item of the suit property by the owner of the property viz., Suresh John Vedanayagam. Further the plaintiff has stated that after the execution of the sale agreement in the year 1985, the whereabouts of the said Suresh John Vedanayagam was not known to him and he is not in position to say that whether the said person is alive or not. It is not in dispute that the plaintiff purchased the second item of the suit property and also constructed a house in item No.2 of the suit property and is residing there. The plaintiff also obtained electricity connection for the second item of the suit property. Since the defendants tried to interfere with the plaintiff's possession, the plaintiff has filed the present suit for permanent injunction.

(3.) In the written statement filed by the defendants, they have stated that the alleged agreement dated 09.08.1985 is a forged document. Further they have stated that at the time of applying for patta, the plaintiff has stated before the Authority that he orally purchased the property in the year 1972 itself. The defendants have stated that the owner of the property viz., Suresh John Vedanayagam is alive and is residing at 527, Hunter Avenue, Scotch Plaints, New Jersey 07076, USA and therefore, the plaintiff should have made him as a defendant in the suit. The defendants also contended that the owner of the property executed a general power of attorney in favour of Samuvel Desh on 12.03.2001 and the said power of attorney Samuvel Desh executed a sale agreement in favour of one Suburam. According to the defendants, the plaintiff is not in possession of the suit property and only the original owner Suresh John Vedanayagam is in possession of the property.