The importance of documentary evidence, such as sale deeds, in establishing possession and ownership in property disputes.

1. The above Second Appeal arises against the judgment and decree in A.S.No.5 of 1999 on the file of the District Court, Nilgris at Uthagamandalam modifying the judgment and decree in O.S.No.143 of 1996 on the file of the District Munsif Court, Coonoor.

2. The appellants 2 to 4 are the legal representatives of the decreased first appellant, who was the defendant in the suit. The respondents are the legal representatives of the deceased plaintiff.

3. The plaintiff filed the suit in O.S.No.143 of 1996 on the file of the District Munsif Court, Coonoor for permanent injunction.

4. The brief case of the plaintiff is as follows:-

According to the plaintiff an extent of 57 cents in Survey No.251 of Yedappalli Village in Coonoor Taluk originally belonged to two branches of families. One branch headed by the plaintiff's father's father, Y.P.Bellie Gowder and the other headed by Nanthi Gowder. The two branches effected an oral partition of the said extent of 57 cents in to two halves. Each brach was enjoying their respective share of 28.5 cents of land without any hindrance from any third parties for the past 70 years. During the life time of the said Y.P.Bellie Gowder, he conveyed an extent of 2 cents of land in Survey No.251 to one J.Matha Gowder, an extent of 0.05 cents of land to one J.Birman and an extent of 2.5 cents of land to one Ram Bellie. Thus the said Y.P.Bellie Gowder had sold an extent of 9.5 cents to three different parties out of his share of 28.5 cents in Survey No.251. The said Y.P.Bellie Gowder died intestate leaving behind his only son namely Y.B.Boja Gowder, the father of the plaintiff. The said Y.B.Boja Gowder was in peaceful possession and enjoyment of an extent of 19 cents in the suit Survey Number and died intestate leaving behind his two sons namely Y.B.Sankaran and Y.B.Krishnamurthy. The plaintiff and his brother namely Y.B.Krishnamurthy effected oral partition and divided the property equally between them. Thus each is entitled to 9.5 cents. The plaintiff has been in physical possession and enjoyment of his share of 9.5 cents of land in suit Survey Number with specific boundaries wihtout any hindrance from any one. The plaintiff's brother, Y.B.Krishnamurthy who is no more now has sold his entire share of 9.5 cents during his life time to third parties. After alienation the plaintiff's brother had an extent of 1.5 cents of land in Survey No.251/3. However he had again sold an extent of 2-1/4 cents of land in the suit survey number to Y.S.Nataraj though he had possessed only an extent of 1.5 cents. However the purchaser took possession of only

1.5 cents of land in the suit survey number. According to the plaintiff he is in peaceful possession and enjoyment of his share of land in Survey No.251/3 as absolute owner. The defendant appears to have purchased an extent of 5 cents of land in the suit survey number from the said Y.B.Krishnamurthy, the brother of the plaintiff. The defendant has no right of any kind in the suit property. When the plaintiff was making preparation for construction of a hourse in the suit proeprty the defendant attempted to disturb the plaintiff's work and proclaimed that he would disturb the plaintiff's construction work. In these circumstances, the plaintiff filed the suit.

5. The brief case of the defendants are is as follows:

According to the defendants, Survey No.251 measures an extent of 3.73 acres. After the sub division of the said survey number into S.No.251/3, the two branches of family became entitled to 52 cents each and not 57 cents. There was no partition between the plaintiff and his brother Y.B.Krishnamurthy. The suit property is in joint ownership of both the plaintiff and his brother Y.B.Krishnamurthy and their sucessors in interest including the defendant. The defendant has got right, title and interest over the suit property. The suit, as framed by the plaintiff is not maintainable. The plaintiff is not in physical possession and enjoyment of his alleged share o