S.NAINAR SUNDARAM
Srinivasa Pillai (died) – Appellant
Versus
K. Ragunathan – Respondent
The defendant in O S. No. 103 of 1976 on the file of the District Munsif of Kumbakonam is the appellant in teis second appeal. The respondent herein, is the plaintiff in the suit. The plaintiff laid the suit for a bare permanent injunction. The averments in the plaint proceeded on the basis that the property belongs to him ancestrally and even otherwise he has prescribed title to it by adverse possession. The defendant contested the suit by stating that he has purchased the suit property under the sale deed dated 5th June, 1961 from one Somu Samban, the maternal uncle of the plaintiff. The further case of the defendant is that his vendor Somu Samban was the exclusive owner of the suit property by virtue of his purchase under a sale deed dated 23rd June, 1948 from one G. Ramalingam. It is needless to point out that on the above contentions put forth by the parties, it is not possible to grant relief to the plaintiff with regard to the possession claimed by him without adjudicating the question as to whether the defendant has got title to the suit property or not. The first Court took up the question of possession alone and found, on as assessment of the materials placed in
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