R.PALANIVEL Vs. V.E.VADAMANI

JUDGEMENT

(1.) Aggrieved over the decree and judgment passed by the first appellate court, reversing the decree and judgment passed by the trial court, this second appeal has been filed.

(2.) The brief facts leading to file the second appeal is as follows. The appellant is the plaintiff in the original suit. He is the absolute owner of the A schedule property, in which he is running a hospital under the name and style of " Raja Maruthuvamani ". The said property was purchased by the plaintiff's father from the father of the defendants 1 to 7 by virtue of sale deed dated 01.09.1965 (Ex.A1) and it was alloted to the plaintiff by his father. It is the contention of the plaintiff that the B schedule property described in the plaint is also covered under the sale deed Ex.A1. Therefore, he filed a suit for declaration and injunction.

(3.) Whereas, it is the contention of the defendants in their written statement that only 6000 sq.ft. was sold to the father of the plaintiff. Taking advantage of the description in the boundary that instead of 6 cents, referred as 6 feet land, the plaintiff has filed the suit.