C VELU Vs. P SUBRAMANIAN

JUDGEMENT

(1.) THIS Second Appeal has been filed against the decree and judgment dated 29.11.2001, rendered in A.S.No.38 of 2001 on the file of the Principal District Judge, Sivagangai, confirming the decree and judgment dated 12.04.2001, rendered in O.S.No.65 of 2000 on the file of the District Munsif of Ilayangudi.

(2.) THE gist of averments in the plaint is as follows: THE suit properties are originally owned by one Santhana Konar. He died leaving behind his wife Meenakshi Ammal as sole legal heir. THE plaintiff purchased the suit property from the said Meenakshi Ammal for Rs.9,250/- on 01.12.1998. In pursuance of the sale, Patta has been changed in the name of plaintiff, the Patta number is 1427. From the date of purchase, the plaintiff has enjoying the property by paying kist. THE defendants have no manner of right and possession over the property. But on 25.05.2000, the defendants attempted to interfere with the peaceful possession and enjoyment of the plaintiff, which has been prevented by the plaintiff. Hence, he constrained to file a suit for declaration of title and injunction and prayed for a decree.

(3.) THE substantial questions of law arises in the Second Appeal are as follows: