KAMALA Vs. SIDDHA GOUNDER

JUDGEMENT

(1.) The Second Appeal is filed against the judgment and decree dated 02.12.2014 made in A.S.No.2 of 2012 on the file of I Additional Sub Court, Salem, reversing the judgment and decree dated 08.07.2011 made in O.S.No.655 of 2009 on the file of Principal District Munsif Court, Salem.

(2.) The appellant is plaintiff and respondent is defendant in O.S.No.655 of 2009 on the file of Principal District Munsif Court, Salem. The appellant filed said suit for declaration of title and for consequential injunction against the respondent from restraining him from interfering with the appellant's possession and enjoyment of the suit property and for permanent injunction restraining the respondent from disturbing the appellant by force or any other method otherwise by lawful means and interfering with the peaceful possession and enjoyment of the suit property. The respondent denied title of the appellant to the suit property. Initially, the appellant has filed the suit for injunction and then, she has amended the plaint by filing application and included the relief of declaration of title to the suit property.

(3.) According to the appellant, her father Arumuga Gounder by registered settlement deed dated 20.05.1992 settled the suit property on her. From the date of settlement, the appellant is in possession and enjoyment of the suit property. The patta was changed in her name and she is paying all the taxes for her property. Her father died in the year 1999. In March 2007, the respondent, who is none other than her brother, illegally occupied the suit property and after Panchayat, he handed over the suit property to the appellant. Again on 20.04.2009, respondent occupied the suit property and after Panchayat, he has handed over the same to the appellant. The respondent is trying to take possession of the suit property, in the circumstances, appellant filed the suit for the above stated relief.