LAWS(MAD)-2018-1-1184

SADACHI (DECEASED) AND OTHERS Vs. VASANTHA AND OTHERS

Decided On January 23, 2018
Sadachi (Deceased) And Others Appellant
V/S
VASANTHA AND OTHERS Respondents

JUDGEMENT

(1.) Aggrieved by the unanimous decisions of the Courts below, the Plaintiffs in the suit for bare injunction has filed the above appeal.

(2.) According to the Plaintiffs, the property originally belonged to one Kuppusamy who is the husband of the first plaintiff and the father of the Plaintiffs 2 to 4. After his death, the plaintiffs have inherited the same and has been in enjoyment of the suit property. It is their case that the revenue records are in their names and when the defendants tried to interfere on the western side of the suit property they were constrained to file the suit.

(3.) Resisting the suit, the defendants have raised their contentions in the written statement denying the rights of the Plaintiffs. According to them the land in S.No.33/10-A has been sold in R.E.P.No.388/95 in O.S.No.1494/1983 on the file of Principal District Munsif Court, Salem in Court auction and the sale certificate was issued in favour of one K.Rajagopal. During the pendency of O.S.No.1494/1983, the first plaintiff and her husband sold the property in favour of one Rani. The said Survey No.33/10-A had been further subdivided as Survey No.33/19-A and the first defendant has been in possession and enjoyment of the same by virtue of registered will dated 18.09.2006. The Plaintiff had got no right or title of possession over the suit property and therefore sought for dismissal of the same.