PALLITHARAMMAL @ PULITHURAMMAL Vs. KRISHNAN K.

JUDGEMENT

(1.) THE plaintiff is the appellant. She succeeded in the trial court but was non suited by the lower appellate court.

(2.) THE suit was one for declaration of title and possession in respect of the properties shown in the plaint schedule which has an extent of 5= cents. The property is comprised in Survey No. 78/1D. In a family partition, her mother obtained property as per Ext. A2 of the year 1913. The mother of the plaintiff thereafter gifted the property as per Ext. A3 in the year 1985 to the plaintiff. Alleging that the defendants are trying to trespass into the plaint schedule property and also because an earlier suit filed for injunction was dismissed, by abundant caution the plaintiff laid the suit for declaration of title and possession and also added a prayer that if for any reason, it is found that the defendants are in possession of the property, relief for recovery of possession may also be granted.

(3.) DEFENDANTS resisted the suit. They contended that the suit was barred by principle of res judicata and that the plaint schedule property is not identifiable. According to them, the plaintiff is trying to usurp a portion of their property which is a graveyard used for the burial of the members of their community. They contended that the plaintiff had obstructed the way to the graveyard and as a result of the bitter relationship between the parties, the suit has been laid.