R M CHITRA Vs. P MUTHUMANICKAM

JUDGEMENT

(1.) The plaintiff in the suit in O.S.No.26 of 2008 on the file of the District Munsif Court, Devakottai, is the appellant in this appeal.

(2.) The appellant in this appeal filed a suit in O.S.No.26 of 2008 on the file of the District Munsif Court, Devakottai for declaration of title and consequential permanent injunction restraining the respondent from interfering with the peaceful possession and enjoyment of the suit property. The suit property is an extent of 1 acre 66 cents in S.No.496/2 in Alangudi Village, Devakottai Taluk.

(3.) The case of the plaintiff / appellant is that the suit property was purchased from one R.M.Senthilnathan under a registered sale deed dated 13.03.2002 and he got patta changed in his name on 26.03.2003. It is stated by the plaintiff that his vendor purchased the suit property by virtue of a registered sale deed from one Sahul Hameed and others for a sum of Rs.9,960/- . It is the specific case of the plaintiff that the suit property was in enjoyment of his vendor and that he was doing cultivation after fencing the whole property. It is also the case of the plaintiff that by virtue of long enjoyment of the plaintiff, he has acquired possessory title. Since the defendant claims certain rights on 15.03.2008, it is stated in the plaint that the appellant was constrained to file the suit.