PURUSHOTHAMAN Vs. DEENADAYALAN

JUDGEMENT

(1.) The unsuccessful plaintiff in both O.S.No.32 of 1989 on the file of the Sub Judge, Tindivanam and A.S.No.82 of 1997 on the file of the Principal District Judge, Villupuram is before this court in this second appeal. The legal heirs of the 2nd defendant and other defendants are the respondents herein.

(2.) The appellant/plaintiff filed the suit in O.S.No.32 of 1989 before the Sub Judge, Tindivanam for partition and separate possession of 0.69 11/12 cents in R.S.No.323/10 and also for a declaration that he is entitled to get a patta in respect of tamarind trees, described in Item No.2 of suit schedule and also for a permanent injunction restraining the respondents/defendants from interfering with his peaceful possession and enjoyment of the suit properties. He has further prayed for future mesne profits.

(3.) The case of the appellant/plaintiff is that he purchased 0.69 11/12 cents out of 0.94 cents from one Muthuvel, Radha Ammal, Mahalingam and others, Kothandapani, Natesa Gounder through different registered sale deeds, Ex.A1 to Ex.A8 and the remaining 0.24 cents belonged to the first defendant and 0.13 cents to the defendants 2 & The properties mentioned in Ex.A1 to Ex.A8 are described as item No.1 and they are situate in R.S.323/10 of Kottakuppam Village, Vanur Taluk. The suit item No.2 is tamarind trees situate in R.S.322 of Kottakuppam Village, Vanur Taluk. According to the appellant/plaintiff, he purchased the tamarind trees (Item No.2), though it is situate in Government land and patta was also granted to him and that during 1989, the properties of the plaintiff and the defendants 1 to 3 got mixed up with each other due to rains and flood. It is also his contention that though the plaintiff requested the defendants 1 to 3 to measure out the suit item No.1, as well as their properties, they did not come forward to do the same and that the defendants 5 and 6 without any iota of right over item No.2, are attempting to disturb plaintiff's peaceful possession and enjoyment of the suit item No.2