P ANANDAN Vs. N ANANDAN

JUDGEMENT

(1.) The defendant is the appellant before this Court. The Second Appeal is filed challenging the Judgement and Decree of the learned Subordinate Judge, Palacode in A.S.No.3 of 2017 confirming the Judgement and Decree of the District Munsif, Palacode in O.S.No.175 of 2010. The parties are referred to in the same litigative status as in the Trial Court.

(2.) The plaintiff has instituted the above suit for a declaration of his title to the suit schedule property and for a consequential relief of permanent injunction restraining the defendant, his men or his agents from interfering or disturbing the plaintiff's peaceful possession and enjoyment to the suit schedule property.

(3.) The case of the plaintiff was that the property belonged to him by virtue of a partition deed dated 24.02.1989 and from the date of the partition he has been in possession and enjoyment of the suit property. He has also got the mutation of the revenue records done in his name and has been allotted Patta No.1241. The plaintiff would contend that he has been regular in the payment of kist to the government and the defendant who has no semblance of a right or interest to the suit property was attempting to trespass into the suit property.