CHINNAPILLAI @ CHINNAOLI(DIED) AND ANOTHER Vs. N. CHINNAN

JUDGEMENT

(1.) The plaintiff in the suit in O.S.No.23 of 1998 on the file of the District Munsif Court, Thiruppathur, is the appellant in this appeal.

(2.) The plaintiff has filed the suit in O.S.No.23 of 1998 before the District Munsif Court, Thiruppathur, for the relief of declaration of title and for consequential permanent injunction restraining the respondent herein from interfering with the peaceful possession and enjoyment of the suit properties. The suit properties are nine items in the suit 'A' schedule and two items in suit 'B' schedule. It is admitted that the suit 'A' schedule properties have been purchased by the father of the plaintiff and the documents of title were marked as Ex.A1 to A3. The defendant is a purchaser from the other sons of plaintiff's father.

(3.) It is the case of the plaintiff that the father of the plaintiff though purchased the properties under Ex.A1 to Ex.A3, he orally gifted the property in favour of the plaintiff. It is the further case of the plaintiff that the suit 'B' schedule properties were purchased by the plaintiff himself in the name of his father.