R.S.RAMANATHAN
Gopi – Appellant
Versus
H. David – Respondent
( 1. ) THE second defendant in O.S.No.61 of 1999 and the plaintiff in O.S.No.25 of 1999 on the file of the Sub Court, Padmanabhapuram is the appellant in these two second appeals.
( 2. ) THE appellant filed the suit in O.S.No.25 of 1999 for declaration of his title, possession of the plaint schedule property and for permanent injunction restraining the defendant viz., the respondent in S.A.No.991 of 2004 from interfering with his possession and enjoyment of the suit property. THE case of the appellant in O.S.No.25 of 1999 was that the suit property originally belonged to the first respondent in S.A.No.990 of 2004 and he executed a sale deed in favour of the second respondent in S.A.Nos.990 of 2004 on 22.6.1996 and thereafter, the second respondent in S.A.No.990 of 2004 was enjoying the property and under a registered sale deed dated 3.2.1997, the said second respondent in S.A.No.990 of 2004 sold the property to the appellant and since then the appellant is enjoying the plaint schedule property and the first respondent in S.A.Nos.990 of 2004 claimed to have entered into an agreement of sale with the respondent in S.A.No.991 of 2004 in respect of the same property and the sai
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