SELVARAYAR Vs. PERIYANAYAGAM

JUDGEMENT

(1.) These two appeals arise out of the common judgment of the appellate Court viz., Sub-Court, Vriddhachalam made in A.S.Nos.54 and 55 of 1999.

(2.) The said appeals were filed by the plaintiff/ appellant challenging the dismissal of the suits in O.S.Nos.22 of 1988 and 1481 of 1988. In both the suits the plaintiff had sought for declaration of his title and consequential injunction restraining the defendants from interfering with his possession, in the alternative, for recovery of possession of the suit properties.

(3.) In O.S.No.22 of 1988, the plaintiff sought for a declaration of title to three items of the properties. Insofar as the suit 1st item is concerned he had claimed title on the basis of his long possession, so far as the items 2 and 3 are concerned he claimed title on the basis of a oral partition said to have been entered into between the parties. As regards the sole item in O.S.No.1481 of 1988, the plaintiff claims title by virtue of the purchase under the sale deed dated 19.12.1974.