JUDGMENT

The fifth defendant in the suit is the appellant. The suit is filed for declaration of title and injunction with alternative prayer for recovery of possession. The first respondent/plaintiff also prayed for mandatory injunction seeking realignment of channels said to be obliterated by the appellant. The suit was dismissed by the trial Court and on appeal filed by the first respondent/plaintiff, it was decreed. Aggrieved by the same, the appellant is before this Court.

2. According to the first respondent/plaintiff, the suit properties were originally purchased by the mother of the first respondent/plaintiff and the respondents 2 to 5/defendants 1 to 4, namely, Alagammal from one Viralimayathevar under registered sale deed dated 23.07.1962, which was marked as Ex.A.2. The respondents 2 to 5 are the brothers of first respondent. The appellant/5th defendant is the purchaser from the respondents 2 to 5 and their father, namely, Kalyani. It was further claimed by the first respondent that Alagammal, mother of the respondents 1 to 5, sold the suit properties to her on 28.09.1993. The appellant herein tried to interfere with the possession of the first respondent during the middle