JUDGMENT

Markandey Katju, J. —

1.This appeal has been filed against the impugned judgment of the Madras High Court dated 31.1.2000 in Second Appeal No.1927 of 1999.

2.We have heard learned counsel for the parties and perused the record.

3.The plaintiff-appellant Krishnan filed a suit for declaration and injunction against the respondent-defendant alleging that the property in dispute had been earlier mortgaged to him on 30.9.1988 and then sold to him by Ramayee (alias Lakshmi) by registered sale deed dated 25.9.1989 which was also rectified by another registered sale deed dated 10.9.1990. It was alleged in the suit that an attempt was being made to dispossess the plaintiff and hence injunction may be granted in his favour.

4.The defendant filed a written statement in the suit in which it was contended that Ramayee had neither executed the registered mortgage deed dated 30.9.1988, nor the registered sale deed dated 25.9.1989, nor the rectification deed dated 10.9.1990. It was alleged in the written statement that on the request of the owner of the land, Ramayee, the defendant is assisting her in cultivating the said property under her instructions and plaintiff has no right over the prop