The trial court must consider both parties' evidence regarding title and possession in property disputes, adhering to eviction procedures as stipulated in relevant legislation.

COMMON JUDGMENT :

T.V. THAMILSELVI, J.

The Second Appeal has been filed to set aside the Judgement and Decree dated 16.11.2021 made in A.S.No. 453 of 2018 on the file of V Additional City Civil Court at Chennai, which had confirmed the Judgement and Decree made in I.A.No. 13414 of 2016 in O.S.No. 908 of 2015 dated 08.08.2017 on the file of III Assistant City Civil Court at Chennai.

2. The appellant herein is the plaintiff and the respondents 1 to 4 herein are the 1 to 4 defendants in the original suit. The 5^th respondent herein being the Tamil Nadu Slum Clearance Board, is the 5^th defendant in the original suit. The 1^st respondent/1^st defendant is the mother of the appellant/plaintiff and the respondents 2 to 4 defendants 2 to 4 are siblings of the appellant/plaintiff.

3.The Writ petition has been filed by the petitioner/appellant to issue a Writ of Mandamus directing the 2nd respondent herein, to cancel the sale deed executed in favour of 3rd respondent dated 24.2.2021 registered as Document No.1670 of 2021 on the file of Sub Registrar Velachery, consequently, direct the 2^nd respondent to execute the Sale Deed in favour of the petitioner.

4.The petitioner herein is the plaintiff in the suit and the 2^nd respondent herein is the 5^th defendant, 3^rd respondent herein is the 1^st defendant and the respondents 4 to 6 are the defendants 2 to 4 in the Original suit.

5. The appellant in the Second appeal and the petitioner in the Writ petition is one and the same and since the matters in both cases are interlinked and connected each other, they have been taken together for final disposal.

6. For the sake of convenience, the parties are referred to as per the rank cited in the Original Suit.

7. Brief facts leading to the filing of the present Second Appeal is given as under :

(i) The suit property originally was a vacant plot measuring 1722 Sq.ft situated at Velachery Village, Chennai. The said plot was originally allotted to the 1^st defendant as proceedings No.2023/2001/E4 dated 07.08.2001 by the Tamil Nadu Slum Clearance Board who is the 5^th defendant in the suit. The plaintiff was working in the Indian Army and retired from his service. Since the 1^st defendant was unable to make any payment for allotment of the said Plot, the plaintiff paid the monthly instalment to the Slum Clearance Board subject to undertaking of the 1^st defendant to settle the property in favour of the plaintiff. Later, the 1^st defendant executed unregistered deed of guarantee on 18.02.2002 and further executed a registered Power of Attorney in favour of the plaintiff on 25.07.2003. Subsequently, the 1st defendant executed an unregistered Settlement Deed dated 01.12.2010 and the defendants 2 to 4 executed a Relinquishment Deed after receiving Rs.2 Lakhs each and given consent letter dated 03.12.2009 in favour of the plaintiff. Thereafter, on the basis of no objection certificate, the plaintiff constructed a building in the aforesaid plot allotted to the 1^st defendant and Electricity connection was obtained and all statutory dues were paid in the name of the plaintiff. Under such circumstances, the defendants 1 to 4 encroached the suit property claiming the right, title and interest over there. Hence, the plaintiff filed the suit in O.S. No.908 of 2015 on the file of the III Assistant City Civil Court, Chennai seeking for declaration, recovery of possession and permanent injunction along with consequential prayer, directing the defendants 1 to 4 to remove the encroachments.

(ii) In the Written statement filed by the defendants 1 to4/respondents 1 to 4 herein, they denied all the allegations and averments made in the pla