KAMALAM Vs. RUKMANI

JUDGEMENT

(1.) Challenge in this second appeal is to the Judgment and decree dated 19.12.1997 passed in Appeal Suit No. 23 of 1997 by the Principal District Court, Pudukottai.

(2.) The respondents herein as plaintiffs have instituted Original Suit No. 406 of 1992 on the file of the Additional Munsif Court, Pudukottai for the reliefs of declaration and perpetual injunction, wherein the present appellant has been shown as sole defendant.

(3.) It is averred in the amended plaint that the suit property and some other properties have been sold to one Soosai Udayar under a registered sale deed dated 28.8.1950 by one Chinniah Naicker who is none other than the brother of the father of the plaintiff viz., Palani Naicker and the plaintiffs father viz., Palani Naicker has purchased all the properties from the said Soosai Udayar under a registered sale deed dated 11.5.1952. Since then, he has been in possession and enjoyment of the the same. After the demise of the father of the plaintiff, the plaintiff has been in possession and enjoyment of the suit property and patta for the suit property stands in the name of one Sebasthiar son of the said Soosai Udayar. Even though patta for the suit property stands in the name of Soosai Udayar, the plaintiff has been enjoying the suit property by way of paying kist etc., to the Government. The plaintiff has been working in Andakulam High School. The defendant is not having any manner of right, title and interest over the suit property and she is a Ceylon repatriate and she made a false claim to the effect that her father Palani Naicker has purchased the suit property and subsequently gone to Ceylon. Since the defendant has been making arrangement to disturb the peaceful possession and enjoyment of the plaintiff by way of denying his title, the present suit has been instituted for the reliefs sought for therein.