CHINNASWAMY GOUNDER Vs. GANGADHARA GOUNDER DIED

JUDGEMENT

(1.) THIS second appeal comes for disposal after an earlier order of remand by this Court dated 12.9.1998 to the trial court calling for a finding. The appeal is by the unsuccessful plaintiff in O.S.No.85 of 1992 on the file of the District Munsif, Gudiyatham and the appellant in A.S.No.103 of 1985 on the file of the District Court, Vellore.

(2.) IN the plaint the plaintiffs sought for declaration of his right, title and interest to the extent of 16 cents in Survey No.131 in Jittapalli village Sub-Division No.131/2, for delivery of possession of the said encroached portion. It was contended by the plaintiff that he and the defendant are joint pattadar under patta No.119 in Survey No.131 of a total extent of 2 acres and 62 cents. The plaintiff was entitled to 1 acre 31 cents and similarly the defendant was entitled to the same extent. The Original patta book granted to the plaintiff was jointly with Muruga Gounder and the defendant. The original title deed dated 16.5.1922 relating to the property covered entire extent of 2.62 acres was in the name of their ancestors Thimmappa Gounder. After the grant of patta on 28.2.1975 sub-division was effected in 1979 and the plaintiff was entitled to 1 acre 31 cents in Survey No.131/2 and the defendant was entitled to an equal extent in Survey No.131/1. After the sub-Division, the defendant had encroached an extent of 16 cents on the northern side of the plaintiff" portion. IN spite of protest by the plaintiff, the defendant evaded handing over of the encroached portion. A lawyer's notice dated 30.9.1980 was sent to the defendant which was fraudulently refused by him. The plaintiff is an innocent person and the defendant had taken the law into his own hands and he was now having 1.47 acres instead of 1 acre and 31 cents. Originally only the first defendant was impleaded and after his death, defendants 2 to 8 have been impleaded as his legal heirs.

(3.) AS far as the question of title is concerned, I have examined the evidence in detail along with the findings rendered by the courts below and I am inclined to confirm the findings of the appellate court. Ex.A-1 sale deed dated 16.5.1922 clearly refers to the sale of an extent of 1.31 acres on the eastern side of the Survey No.131 as acquired by the predecessors in title of the plaintiff. Ex.A-5, the prior title deed of the defendant also discloses that his predecessor was entitled to an extent of 1.31 acres. It is not the claim of the defendant that he had purchased in excess of 1.31 acres. The plaintiff had also filed Ex.A-4, encumbrance certificate revealing that an extent of 1.31 acres was sold on 16.5.1922. Therefore, there are clear materials to show that the plaintiff has title to the property.