BALU Vs. RAJAKAMALANATHAN

JUDGEMENT

(1.) The above Second Appeal arises against the Judgment and Decree of the Principal District Judge, Namakkal in A.S.No.30 of 2013 in and by which the learned District Judge has partly dismissed the appeal filed by the appellant/defendant challenging the Judgment and Decree in O.S.No.390 of 2008 on the file of the Subordinate Court, Tiruchengode. The parties are arrayed in the same ranking as in the suit.

(2.) The plaintiff had filed the suit O.S.No.390 of 2008 on the file of the Subordinate Court, Tiruchengode seeking a declaration that the defendant had no right in the suit property and for a permanent injunction restraining the defendant from encumbering the suit property as well as disturbing the peaceful possession and enjoyment of the suit property. The case of the plaintiff is that the property in question is the premises in Survey No.191/3 measuring an extent of 6.98 acres situated in Kokarayanpettai Village, Tiruchengodu Taluk.

(3.) Marayee Ammal had purchased the western half measuring an extent of 3.49 acres under the sale deed dated 21.02.1941 and the eastern half measuring 3.49 acres was purchased by her son Nachimuthu on 22.09.1957. The plaintiff would contend that on the death of her son Nachimuthu her son's wife Saraswathy and daughters Muruganandhi and Nithiya had sold their half share to the plaintiff under a sale deed dated 21.04.1993 for a sum of Rs.1,00,000/-. Marayee Ammal had also sold her half share to the plaintiff under the sale deed dated 19.04.1993. Therefore by reason of these two sale deeds the plaintiff had become the owner of the entire extent of 6.98 acres in S.No.191/3 and he had also mutated the revenue records in his name and has been cultivating Sugar cane in the said property.