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2005 Supreme(SC) 199

ASHOK BHAN, A.K.MATHUR
Govindaraju – Appellant
Versus
Mariamman – Respondent


Judgment

Bhan, J.—This appeal by special leave is preferred by the original defendant - appellant herein, against the judgment and decree of the High Court of Madras granting declaration and permanent injunction to the original plaintiff - respondent herein, with respect to the suit property setting aside the judgment and decree of the Trial Court as well as of the First Appellate Court wherein aforesaid relief was denied to the respondent.

Facts :-

2. Appellant claims to be the purchaser of suit property from descendants of Muthuswamy Moopanar, brother of Veeramuthu Moopanar and the respondent claims to be the purchaser of the same property from descendants of Veeramuthu Moopanar.

3. Respondent filed a suit for declaration of title and permanent injunction restraining the appellant from disturbing his possession and causing any inconvenience in the peaceful enjoyment of the suit property. In the plaint it was averred that the suit property belonged to one Veeramuthu Moopanar. He had two daughters viz. Sivamalai Ammal and Thayarammal. Veeramuthu Moopanar sold his entire property to his two daughters through a sale deed dated 1.7.1940 for Rs. 300/-. Veeramuthu Moopanar died and soon af






























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