K JAYARAMAN Vs. K RADHAKRISHNAN

JUDGEMENT

(1.) 1. (Prayer: The appeal has been preferred under Order XXXVI Rule 1 of O.S. Rules read with Clause 15 of the Letters Patent against the order made in C.S.No,591 of 2002 dated 30.1.2006 passed by the learned single Judge of this Court.) M. Chockalingam, J. Challenge is made to the judgment of the learned Single Judge made in C.S.No,591 of 2002 whereby a suit filed by the appellant seeking declaration that he is the absolute owner of the suit property along with the consequential injunction restraining the defendants/ respondents from interfering with the peaceful possession and enjoyment of the property was dismissed.

(2.) THE plaintiff sought the relief with the following averments in the plaint. THE plaintiff and the defendants are brothers and they are the sons of one Kesavan. THE suit related to the house property situated in Door No.1, Virupasheeswaran koil street, Mylapore, Madras. It belonged to the father of the plaintiff. His father settled the suit property in favour of the plaintiff and the defendants on 5.11.1960 and the same was subsequently revoked. THE defendants were given other properties by his father by executing a Will. THE said Will was probated. At the time of probating the Will the defendants have given an undertaking under Ex.P1 document that they would transfer the suit property in favour of the plaintiff. For more than 30 years, the plaintiff has been in possession and enjoyment of the property. He has been paying the property tax and also the electricity charges and there was exchange of notices between the parties. Under such circumstances, there arose a necessity for seeking declaration of the title of the suit property and also for consequential injunction.

(3.) THE Court paid its anxious consideration on the submissions made and looked into the materials available. THE Court is of the considered opinion that nothing is available to disturb the judgment of the trial Court.