SUMATHI Vs. UNNAMALAI

JUDGEMENT

(1.) THIS appeal is filed as against the decree and judgment dated 16.11.2001 made in A.S.No.128 of 2000 on the file of the Additional District Judge, Thiruvannamalai, reversing the judgment and decree dated 04.09.2000 made in O.S.No.281 of 1996 on the file of the District Munsif-Cum-Judicial Magistrate, Chengam.

(2.) THE plaintiffs are the appellants and the defendant is the respondent herein.

(3.) THE case of the appellants/plaintiffs was resisted by the respondent/defendant stating that the suit property does not lie in Survey No.191/1 but only in Survey No.191/3, which survey number belongs to the respondent/ defendant. Out of the total extent of 0.16 acres in Survey No.191/3, by and through the settlement deed dated 22.07.1978, the respondent/defendant is entitled to 147 links east to west on the southern side, 127 links on the northern side and 30 links south to north on the western side and 35 links on the eastern side, covering an extent of 0.4 acres. THE same is a patta land. THE lessees of Chandran had encroached upon the respondent's property and raised the building construction to a breadth of one foot south to north and a length of 28 feet east to west on the northern portion of the suit property. THE portion which was encroached by the lessees Jayaraman was in the possession of the respondent/defendant for more then statutory period and they had been using the said portion for convenient passage for taking her cattle. By long and continuous possession and enjoyment, the respondent/ defendant had also perfected her title by adverse possession in respect of the suit property. Thus the respondent/ defendant prays for dismissal of the suit.