Opposite party no.1 as plaintiff has filed the Civil Suit No.14 of 2014 (I) in
the court of the learned Addl. Civil Judge (Junior Division), Nilgiri for partition and to re
strain the defendants from causing any sort of disturbances in the peaceful possession of the
plaintiff and from raising any construction by changing the nature and character of the land.
Pursuant to issuance of summons, defendant 2 entered appearance and filed writ
ten statement denying the assertions made in the plaint. The case of the defendant no.2 is tha
t the plaintiff has no right, title, interest and possession over the suit land. The defendant
s and his other family members are Schedule Caste persons. Since sale deeds were executed with
out obtaining prior permission from the competent authority, the same are ab initio void there
by no right has been created in favour of Kasinath Sethi. The said Kasinath sold the suit land
to the plaintiff by means of a registered sale deed dated 24.7.1975 without delivery of posse
ssion. The plaintiff has managed to create mutation ROR in his name. Since the plaintiff could
not able to take possession of the purchased land, he sold a portion of the land to the defen
dant no.1 by means of a registered sale deed dated 20.6.1994 without delivery of possession. T
he entire suit plots along with other properties are under peaceful joint possession of the de
fendants along with the co-sharers.
