ANDAPPAN Vs. DHARMALINGA UDAYAR (DECEASED) RAMADOSS UDAYAR

JUDGEMENT

(1.) In this second appeal, challenge is made to the Judgement and Decree dated 11.10.2002 passed in A.S.No.15 of 1998 on the file of the Subordinate Court, Kallakurichi, setting aside the Judgment and Decree dated 24.12.1997 passed in O.S.No.293 of 1991 on the file of the I Additional District Munsif, Kallakurichi and thereby, granting the relief of permanent injunction in favour of the plaintiff in respect of ? ..?th share in the Suit Well.

(2.) The second appeal has been admitted on the following substantial questions of law:

(3.) The suit property is a Well in S.No.70/8 located in Koonthalur Village, Kallakurichi Taluk. The plaintiff claiming exclusive right in the suit Well and accordingly, alleging that the defendant is attempting to interfere with his possession and enjoyment of the suit Well, has laid the suit seeking the relief of permanent injunction. The plaintiff claims that he has purchased ? ..?th share in the suit Well from one Natarajan S/o.Mariappa Kounder by way of a sale deed dated 23.08.1990 and also claims that he has purchased the remaining ? ..?th share in the suit Well from the same Natarajan for a sum of Rs. 75/- in September, 1990 by way of an oral sale and thus, he seeks exclusive title to the suit Well.