Advocates:
['M/S M A ABDUL WAHAB', '', 'P THIRUMAZILMARAN', 'M/S T R RAJARAMAN', '', 'M/S A GOWTHAMAN', 'M SURESH', 'R DIED STEPS TAKEN']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2015

CORAM

THE HONOURABLE MS. JUSTICE R. MALA

S.A.No.389 of 2007

Judgment reserved on

01.06.2015

Judgment pronounced on

04.06.2015

Ramasami Reddy (deceased)

2.Nagalakshmi

3.R.Balakrishnan

4.R.Gopi

5.R.Ramamoorthi

..Appellants/LRS of deceased Plaintiff

(Appellants 2 to 5 brought on record as

legal heirs of the deceased sole appellant

vide order of this Court dated 09.03.2012 made

in M.P.No.1 to 3 of 2012 in S.A.No.389 of 2007)

Vs

Govinda Reddy (deceased) ...2nd Respondent/2nd Defendant

2.Anandaraman

3.G.Subramani

4.G.Velu

5.G.Venugopal .. Respondents 3to 5/LRS of deceased first Defendant

(R3 to R5 brought on record as legal heirs

of the deceased R1 vide order of this Court

dated 27.02.2013 made in M.P.Nos.4 to 6

of 2012 in S.A.No.389 of 2007)

Prayer: Second Appeal filed under Section 100 of CPC against the

judgment and decree dated 26.12.2005 in A.S.No.20 of 2005 on the

file of the Sub-Court, Ranipet, confirming the judgment and decree

dated 14.12.2004 in O.S.No.425 of 1992 on the file of the District

Munsif Court, Sholinghur.

For Appellant : Mr.K.V.Subramaniam, senior counsel for

Mr.M.A.Abdul Wahab

For Respondents : Mr.A.Gowthaman

https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

The second appeal arises out of the judgment and decree dated

26.12.2005 in A.S.No.20 of 2005 on the file of the Sub-Court,

Ranipet, confirming the judgment and decree dated 14.12.2004 in

O.S.No.425 of 1992 on the file of the District Munsif Court,

Sholinghur.

2.The averments made in the plaint are as follows:-

(i)One Bangarammal purchased the suit properties from one Desugan

for valuable consideration as per the registered sale deed dated

27.10.1969 and that she was in possession and enjoyment of the same.

The land in the third item of the suit property is a poramboke land

which belongs to the Government and the same was vested with Paranji

Panchayat Board. The said Bangarammal and her husband Senebukan were

in enjoyment of the third item of the property. Under these

circumstances, the Panchayat Board at Paranji in its Resolution dated

30.06.1970 had given their “No objection” for assignment of the said

land to the said Senebukan, husband of Bangarammal and she used the

said land to have access to her lands described as items 1 and 2. The

said Bangarammal was in possession and enjoyment of the suit

properties to the knowledge of the defendants who are the adjacent

land owners.

(ii)Bangarammal and her daughter jointly sold the suit properties

to the plaintiff viz., Ramaswami Reddy for valuable consideration as

per the registered sale deed dated 02.09.1992 and delivered

possession of the same to the plaintiff. Since then the plaintiff is

in possession and enjoyment of the suit properties and the defendants

are also aware of the same. The defendants have no manner of any

right, interest or title over the suit properties. From 30.10.1992,

the defendants colluded together and high handedly attempting to

interfere with the plaintiff's peaceful possession and enjoyment of

the suit properties. Therefore, the plaintiff filed the suit for

permanent injunction restraining the defendants and their men from

interfering with the plaintiff's peaceful possession and enjoyment of

the suit properties in any manner and directing the defendants to pay

the costs to the plaintiff. Therefore, the plaintiff has prayed for

decree.

3.The gist and essence of the written statement filed by the

first defendant which is adopted by the second defendant are as

follows:

(i)The first defendant and his brother Venkatasami purchased the

land in Dry S.No.252/1B at Paranji Village for valuable consideration

from one Desugan under a registered sale deed dated 17.08.1967. Thus

the first defendant and second defendant's father Venkatasami were

entitled to the suit properties and they were i