GOVINDASAMY PANDARAM Vs. RAMASAMY ASARI

JUDGEMENT

(1.) This Second Appeal arises out of judgment in A.S. No. 97 of 2004 confirming judgment of trial Court in O.S. No. 40 of 1999 decreeing plaintiffs' suit for declaration and permanent injunction." Unsuccessful defendant is the appellant.

(2.) Respondents/plaintiffs filed suit O.S. No. 40 of 1999 for declaration and permanent injunction. They claimed right and title on the basis of Exhibit A-1 sale deed dated 30/11/1998, executed by Kesava Chetty and Arumuga Chetty. It is the case of the respondents that the suit property measuring an extent of 60 cents and 22 cents in R.S. Nos. 41/3 and 41/5 respectively in Ninnaiyur Village, Kallakurichi Taluk was purchased for a total sale consideration of Rs. 22,960.00 under the Exhibit A-1 sale deed dated 30/11/1998 and that from the date of purchase, they are in absolute possession and enjoyment of the property.

(3.) Further case of plaintiffs is that Defendant's property is on the western side of the suit property. Defendants in collusion with Arumuga Chetty and his minor son Azhagesan attempted to claim right over the undivided 1/2 share in the suit properties on the basis of Exhibit B-7 sale deed (dt. 8/12/1998) but antedated and executed on 19/8/1998 with a view to defeat the right of the respondents. After issuing notice, plaintiffs filed suit for declaration and for permanent injunction.