SADASIVA UDAYAR Vs. PARAMASIVAM

JUDGEMENT

(1.) THE Second Appeal is filed by the appellant-plaintiff against the judgment and decree dated 27.3.2002 in A.S.No,84 of 2001 on the file of the Principal District Court, Perambalur, reversing the judgment and decree dated 27.3.2001 in O.S.No,455 of 1988 on the file of the District Munsif Court, Perambalur.

(2.) THE averments in the plaint are as follows:THE plaintiff is the absolute owner of the suit properties. His father Ramaswamy Udayar purchased the same on 14.6.1941 under a registered Sale deed. From the date of purchase, he was in possession. Ramaswamy Udayar died intestate, leaving behind the plaintiff as his sole heir. He succeeded the properties. THE patta stands in the name of Ramaswamy Udayar. THE Patta is No,341. He paid kist. Ramaswamy Udayar got two elder brothers, namely Karuppu Udayar and Annamalai Udayar. THE defendant is the son of the said Annamalai Udayar. Neither Karuppu Udayar, nor Annamalai Udayar is the heir or having any right or title or interest over the possession of the suit properties. In the survey, patta was also given in the name of the plaintiff. But the defendant claims patta for some items of the suit properties and claims title and started to give disturbance to the plaintiff's possession and enjoyment of the suit properties. So, the plaintiff was constrained to issue notice through his counsel to the defendant. He received reply from the defendant with frivolous allegations. Hence, the plaintiff was constrained to file the suit for declaration of title in respect of the suit properties and the consequential relief of injunction and also prayed for a decree.

(3.) AT the time of admission of the Second Appeal, the following substantial questions of law were framed for consideration