NATESAN (DIED) AND ORS. Vs. SHANMUGAM

JUDGEMENT

(1.) This Second Appeal is directed against the Judgment and Decree dated 11.11.2005 in A.S. No. 35/2005 on the file of the Subordinate Judge, Poonamallee, confirming the Judgment and Decree dated 25.4.2005 made in O.S. No. 1496/1988 on the file of the District Munsif, Poonamallee.

(2.) The Suit in O.S. No. 1496/1988 has been preferred by the respondents against one Natesan, since deceased predecessor in interest of the Appellants praying for a Decree of declaration directing the Appellants to quit and deliver vacant possession of the Suit property after removing the superstructure put up by them and for Permanent Injunction restraining them from putting up further construction in the Suit property and also for other incidental reliefs.

(3.) In the Plaint in O.S. No. 1496/1988, it was the case of the respondent herein as Plaintiff that he had purchased the site measuring 35' east to west and 150' north to south in Grama natham S. No. 38/3 situated in Anaikattucherry village, Seranchery Village, Sriperumbudur from one Munusamy Achari under the Sale Deed dated 6.8.1979. Ever since the said date of purchase, the respondent has been in possession and enjoyment of the property. After the purchase of the property by the respondent, deceased Natesan issued notice to the respondent and his vendor on 13.8.1979 stating that he had entered into an Agreement with the respondents' vendor to purchase 20 cents of land and as such, he called upon the predecessor in interest of the respondent to execute the Sale Deed. Subsequently, the appellants trespassed into the Suit property and thereupon, the Plaintiff filed Suit against the appellants in O.S. No. 1126/1979 on the file of the District Munsif, Poonamallee. The said Natesan also filed a Suit in O.S. No. 1216/1979 before the very same Court for Specific Performance of the Agreement and both the Suits were tried together and the Suit filed by the respondent was decreed and the Suit filed by Natesan was dismissed as per Judgment and Decree dated 11.10.1982. Even though Natesan took up the matter on Appeal and filed A.S. Nos. 13 and 14/1983, the same was dismissed. The Second Appeal preferred before this Court in S.A. No. 417/1984 has also been dismissed by this Court.