MANU KOUNDER Vs. PORAPATHAI

JUDGEMENT

(1.) Defendants 1 to 4 in the suit are the appellants before this Court in this Second Appeal. For the sake of convenience, the parties are described as per their ranking and description in the plaint.

(2.) Respondents 1 and 2 are the plaintiffs, who have laid the suit for declaration of title and permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit property.

(3.) The Brief averments in the plaint is that the suit property morefully described in the plaint was originally owned by one Pichakarachi ammal @ Chellammal and Chinnaiya Udayar. The said suit property is adjacent to the land in S.Nos.120/1 and 120/2, which is also owned by Pichakarachi ammal @ Chellammal and Chinnaiya Udayar. The father of the plaintiffs one Marimuthu Gounder had purchased the land in S.No.120/2 from Pichakarachi ammal @ Chellammal on 19.12.1959 and got the sale deed registered. The rest of the land in S.No.120/1 was purchased by Marimuthu Gounder from Chinnaiya Udayar on 31.05.1969 and got the sale deed registered. While preparing the sale deeds, due to inadvertence, the suit property, which is lying in S.No.118 measuring to the extent of 0.31.5 ares situated at Thirunarakundram village within the territorial jurisdiction of Thiruvennainallur Sub Registrar, Villupuram District not mentioned.