N THEVARAJ Vs. NANJAN

JUDGEMENT

(1.) The appellant herein, who is the plaintiff in a suit for declaration and injunction, has preferred the above Second Appeal.

(2.) The case of the plaintiff is that he is the owner of 3-1/2 cents of lands with specific boundaries in Old Survey No. 753 in New Survey No.710/1A1 and he has been in possession from the year 1972 onwards. It is his case that he had purchased the property on 25.05.1972 and subsequently, mutated his name in the relevant revenue records. As the defendants tried to disturb the same, the suit has been filed.

(3.) The case of the defendants is that the properties in the said survey number belonged to them and according to them, there is no vacant site of 3-1/2 cents as claimed by the plaintiff. The defendants' grandfather had purchased an extent of 0.39 acres of land on 10.02.1943 and other properties on various dates. Therefore, it is their specific case that even the plaintiff's vendor did not have any right to sell the property to the plaintiff. Hence, they prayed for dismissal of the suit.