SUBBAMMAL Vs. ARUMUGAM

JUDGEMENT

(1.) The Appellant/Respondent/Plaintiff has filed this Second Appeal as against the Judgment and Decree dated 23.01.1996 made in A.S.No.12 of 1995 on the file of Second Additional District Judge, Coimbatore.

(2.) The First Appellate Court Viz., the Learned Second Additional District Judge, Coimbatore, in the Judgment in A.S.No.12 of 1995 dated 23.01.1996 has among other things observed that Palani has got the property with condition and enjoyed the same and further the Palani's sons Karuppan, Nagan, Arumugam and Bannari till 29.04.1987 have got the suit property to enjoy with certain conditions and later the suit property belonged to them and their heirs absolutely. Further, the First Appellate Court has also held that Karuppal her sons Nagan, Arumugam and Bannari have obtained a loan of Rs.700/- from Marakkal and created a registered Mortgage Deed dated 11.05.1959 in respect of the suit property. Also, the First Appellate Court has held that the persons who executed Ex.A2 to Ex.A4 Sale Deeds dated 06.10.1959, 27.10.1959, 30.11.1959 respectively, belong to persons of Adi Dravida Community and therefore the Plaintiff's mother-in-law's 4/5 shares in the suit property to be purchased legally with absolute right and therefore has held that Karuppal and her sons have not sold the suit property in entirety as per Sale Deeds dated 06.10.1959, 27.10.1959 and 30.11.1959 with absolute right and that the said sale deeds are not valid in law. In regard to the plea of adverse possession, the First Appellate Court has held that the Appellant/Plaintiff has not acquired the right of adverse possession in respect of the suit property. As regards the relief of permanent injunction prayed for by the Appellant/Plaintiff, the First Appellate Court has come to the Conclusion that there is no acceptable evidence to show that the Defendants have prevented the Appellant/Plaintiff from enjoying the suit property and resultantly allowed the First Appeal filed by the Appellants/Defendants.

(3.) The trial Court framed four issues for determination. On the side of the Appellant/Plaintiff, witnesses P.W.1 to 4 have been examined and Ex.A1 to A15 have been marked. On the side of Respondents/Appellants/Defendants, D.W.1 and 2 have been examined and Ex.B1 to B18 have been marked.