PERUMAL Vs. RAMASAMY

JUDGEMENT

(1.) THIS Second Appeal is directed against the Judgment and decree in A.S. No.86/1989 reversing Judgment of the trial court and thereby decreeing Plaintiff's suit for declaration and permanent injunction in respect of S.No.349/1 to an extent of 2.40 acres. Unsuccessful Defendants are the Appellants. For convenience, parties are referred as per their array in the suit.

(2.) 1st Respondent/Plaintiff and the 2nd Appellant are the sons of the 1st Appellant. Case of the Plaintiff is that suit property was assigned to him under Ex.A1 "D" card Patta and Ex.A2 Patta was also issued in his favour. Plaintiff has been in continuous possession and enjoyment of the property. Alleging that the Defendants are trying to disturb his possession, Plaintiff has filed the suit for declaration and permanent injunction.

(3.) AGGRIEVED, Plaintiff filed Appeal A.S.No.86/1989. Observing that Ex.A1-"D" card Patta was issued to the Plaintiff and that the revenue authorities had also issued Ex.A2 Patta, lower Appellate court reversed the findings of the trial court. Holding that the Defendants have not produced evidence showing that suit property was enjoyed as joint family property, lower Appellate court allowed the Appeal reversing the Judgment of the trial court.