VIMALASUNDARI AMMAL Vs. SUNDARAM

JUDGEMENT

(1.) Aggrieved by the unanimous findings of the Courts below, the plaintiff has filed the above Second Appeal in a suit for declaration and permanent injunction.

(2.) The suit was filed in the year 2006. It is the case of the plaintiff that the suit properties originally belonged to one Natarajan, from whom, on 17.09.1985, one Janakiraman purchased the same. From the said Janakiraman, on 18.01.1994, one Swaminathan had purchased the properties by way of two sale deeds. From the said Swaminathan and his brother Karthikeyan, on 23.04.1998, the plaintiff had purchased the suit properties. The suit properties are lying in Survey No.70/7 - an extent of 0.18 cents and in Survey No.70/19 - an extent of 0.23 cents. As the plaintiff claimed that excepting himself nobody else had the right or title over the property and that the defendant tried to disturb the possession, the suit was filed.

(3.) The suit was resisted by the defendant contending that earlier there was a partition suit in O.S.68 of 1974 and a preliminary decree was passed in the same. Pursuant to the same, the defendant had taken possession of the suit properties in E.P.No.28 of 1986 on 24.02006, an extent of 0.09 cents in Survey No.70/7 and 0.12 cents in Survey No.70/19. It is specifically contended by the defendant that his brother Natarajan had sold the property pending lis. Therefore, the purchase by the plaintiff is hit by lis pendens.