JOTHI RAMALINGAM Vs. A.K.PALANI

JUDGEMENT

(1.) The defendant in OS No.147 of 2008 having suffered a decree for permanent injunction before the Trial Court upon its affirmation by the Lower Appellate Court has come up with this Second Appeal.

(2.) The plaintiff/respondent filed the suit seeking a decree for permanent injunction contending that the suit properties originally belonged to one G.M.Nataraja Chettiar. The plaintiff's father Kuppusamy Naicker purchased the property from Nataraja Chettiar, under a Sale Deed dated 04.08.1966 and he has been in possession and enjoyment of the same right from the date of the purchase. Contending that the defendant who has got no manner of right a title over the suit property attempted to interfere with his possession, the plaintiff had come up with the suit for bare injunction.

(3.) The suit was resisted by the defendant contending that the vendor of the plaintiff's father namely, G.M.Nataraja Chettiar is not the owner of the property. It was claimed that the Sale Deed dated 04.02.1966, will not convey any title in favour of the plaintiff. It was further claimed that there was litigations between the legal heirs of Nataraja Chettiar with reference to the suit property and other properties. On the said above contentions, the defendant sought for dismissal of the suit.