A suit for an injunction related to property is not maintainable when substantial questions regarding the title exist, particularly if based on unregistered documents, overshadowed by corroborating registered titles.

JUDGMENT

This Second Appeal has been filed to set aside the Judgment and Decree dated 30.07.2012 in A.S.No.20 of 2012 on the file of the learned Sub Judge, Nilgiris confirming the Judgment and Decree dated 11.04.2012 in O.S.No.39 of 2008 on the file of the learned District Munsif, Uthagamandalam.

2. The brief averments in the Plaint are as follows:-

2.1. The Suit property is an agricultural land, measuring 42½ cents in S.No.390/A1, S.No.390/2, and New S.No.373/11 of Thummanatty Village with following boundaries. East by : Stream West by : Property in S.No.390/2 South by : 1^st Defendant's property in S.No.390/2 North by : Land in S.No.380.

2.2. The Plaintiff submits that the first Defendant is his brother and they are sons of K.M. Range Gowder. The Plaintiff further submits that his father late K.M. Range Gowder had owned land measuring 85 cents in S.No.390/2 and 390/4 with other properties as ancestral properties. The Plaintiff's father K.M.Range Gowder, Plaintiff, and first Defendant succeeded to Suit property and other properties and they were in possession and enjoyment of those properties. In the meantime, the first Defendant obtained the gift deed on 17.11.1980 from Plaintiff's mother Mathiammal. The first Defendant herein, on the strength of that gift deed, dated 17.11.1980, filed the Suit in O.S.No.419/1982 before the Sub Court, Uthagamandalam, in respect of the land measuring 85 cents in S.No.390/2 and 390/4. The Plaintiff herein further submits that the Plaintiff as Defended in O.S.No.419/1982 had defended the said Suit in O.S.No.419/1982 and he had proved that he is in possession and enjoyment of the land measuring 42½ cents and therefore, the learned Sub Judge was pleased to dismiss the Suit in O.S.No.419 of 1982 on 16.11.1983. Aggrieved by the dismissal of the Suit in O.S.No.419 of 1982, the first Defendant herein had filed the Appeal before the learned District Judge, Coimbatore in A.S.No.337/1983. The learned District Judge, Coimbatore, was also pleased to hold that the Plaintiff was in possession and enjoyment of 42½ cents in S.No.390/2 and therefore, the learned District Judge, Coimbatore, was pleased to dismiss the said Appeal on 06.02.1984 and confirmed the Judgment and Decree in O.S.No.419/1982. The Plaintiff further submits that thereafter the first Defendant herein had not filed any Appeal before the Hon'ble High Court and therefore, the Judgment and Decree dated 06.02.1984 passed by the learned District Judge, Coimbatore in A.S.No.337/1983 reached finality. The Plaintiff further submits that in the meantime, the first Defendant herein has filed a Civil Suit in O.S.No.215/1990 for the declaration and possession in respect of land measuring 42½ cents in S.No.390/2 and 390/4 before the learned District Munsif, Uthagamandalam. The said Suit has been decreed for the relief of declaration and possession. The Plaintiff further submits that the Plaintiff as Defendant in O.S.No.215/1990 had filed an Appeal and the Appeal was allowed, and the Judgment and Decree of learned District Munsif, Uthagamandalam was set aside and the said Suit in O.S.No.215/1990 was dismissed. The Plaintiff further submits that the first Defendant herein as Appellant filed a Second Appeal before the Hon'ble High Court and this Court allowed the Second Appeal and remanded the Suit to District Munsif, Uthagamandalam for fresh disposal. The Plaintiff further submits that in the meantime, a Panchayat was held on 02.09.1998 and in the presence of the Panchayatdars and Village elders, the Plaintiff and the first Defendant herein cam