A PHILOMEN RASU Vs. S KUNNA KAVANDAR

JUDGEMENT

(1.) THIS second appeal has been preferred by the unsuccessful defendant, who succeeded before the trial Court but lost before the lower appellate Court.

(2.) THE plaintiff/respondent filed the suit for bare injunction restraining the defendant from interfering with his possession and enjoyment of the suit property measuring an extent of 1.96 acres, classified as dry land in S.No.l 13/4 in Pillur Village, Trichi District. The case of the plaintiff was that he purchased the suit property under Ex.A.I dated 20.9.1973 and on the very same day possession was given to him and has been paying kist under Exs.A -3 and A -4 and also got patta under Ex.A -2. Since the defendant is demanding reconveyance, he has filed the suit.

(3.) THE trial Court after considering the evidence come to the conclusion that though the sale deed has been executed in favour of the plaintiff, the validity and the truth of the same has to be agitated separately and what was necessary for consideration in this suit was possession, as the suit was only for a bare injunction. Relying upon Exs.B -1, B -2, B -3, B -4 and B -6, the trial Court found that possession was with the defendant. Hence, the suit was dismissed.