AMMAVASI GOUNDER Vs. PADMA

JUDGEMENT

(1.) The plaintiff, in O.S.No.19 of 1999 who succeeded before the trial court in obtaining a decree for declaration of his title and permanent injunction, upon the same being reversed by the lower appellate court has come up with this Second Appeal.

(2.) According to the plaintiff, the suit properties belonged to one Murugesa Gounder S/o. Kariya Gounder, who sold an extent of 1 acre 30 cents in S.No.271/4 to one Veerabadra Pandithar under the sale deed dated 13.08.1986. The said Veerabadra Pandithar in turn sold the property purchased by him under the sale deed dated 13.08.1986 to the plaintiff on 02.04.1997. It is the further case of the plaintiff that S.No.271/4 was subdivided as 271/4B2, 273/1B, 273/1D and 273/2B2. The extent of properties in these survey numbers as set out in the plaint is as follows:-

(3.) It is also the further contention of the plaintiff that the 1st defendant Murugesa Gounder/ Vendor of Veerabadra Pandithar filed a suit in O.S.No.127 of 1997 seeking declaration and permanent injunction against the plaintiff, the 2nd defendant viz., Veerabadra Pandithar and the Sub-Registrar, Polur in respect of the suit properties. However, he did not prosecute the said suit and withdrew the same.