KARUPPUSAMY GOUNDER Vs. RUKMANI

JUDGEMENT

(1.) THE defendant in O.S.No.577 of 1983 on the file of the District Munsif, Pollachi, is the appellant in the second appeal.

(2.) THE respondent herein filed the said suit for declaration of her right in East-West ?AB? ridge in Survey No.323/4 in Kolarpatti Village, Pollachi Taluk, Komangalam Registration Sub District, Tiruppur Registration District and also in the said survey field and for a permanent injunction restraining the appellant from interfering with her right in the ridge and in the survey field.

(3.) THE trial court found that, with regard to the disputed 45 cents, there was an exchange under Ex.B-5 dated 2.3.1952 and as per the terms of the exchange the defendant's predecessors in title become entitled to the disputed property and that the partition set up between the plaintiff and her sister was a self-serving document. THE extents given in the said document were not factually correct and that the document was not valid. So far as the revenue records are concerned, the trial court found that they were not documents of title, that they would not prove the plaintiff's title, that during the updating of the revenue records proceedings the plaintiff had produced the partition between her and her sister and without reference to the defendant, she had obtained new patta in respect of the suit property in her favour. THE trial court also found that the plaintiff had not proved either her title or possession and she was not entitled to either of the reliefs. So holding by judgment and decree dated 31.3.1986 dismissed the suit.