LAWS(MAD)-2019-2-291

G.PAUL PANDIAN Vs. A.V.RADHAKRISHNAN

Decided On February 18, 2019
G.Paul Pandian Appellant
V/S
A.V.Radhakrishnan Respondents

JUDGEMENT

(1.) The Original application has been filed seeking an order of injunction restraining the respondent from interfering with possession of the applicant/plaintiff of the suit schedule property, which according to the plaintiff is situate at Old Survey No.141/4, then Survey No.141/2 bearing Patta No.1279 measuring an extent of 23 1/2 cents within certain specific boundaries. The original suit is one for declaration of title of the plaintiff, for permanent injunction and for other reliefs.

(2.) It is the case of the plaintiff that the suit property along with larger extent of land situate in Survey No.141/2 of Koyambedu Village, Aminjikarai Taluk, Chennai District, belonged to one Munusamy Naicker. The plaintiff/applicant would claim that he had purchased an extent of 35 1/2 cents, out of the 2 acres 25 cents from Selvaraj and others, heirs of Munusamy Naicker, under a Sale Deed dated 27.08.1981. It is the further claim of the applicant that he had sold an extent of 12 cents to one Paneerselvam and he is in possession of 23 1/2 cents in Survey No.141/2.

(3.) The plaintiff would further claim that during the year 2000, the officials from the officers of defendants 1 to 3 in the present suit visited the suit property and made certain enquiries. During the course of the said enquiries, the plaintiff found that the visit was pursuant to a complaint made by some persons who are inimically disposed towards him, claiming that he had encroached upon a public way. The Title Deeds and the Revenue Records relating to the property along with a detailed representation made by the plaintiff were produced, before the defendants 1 to 3 on 24.09.2000.