S G SUBBURAJ Vs. GANGAIAH NAICKER

JUDGEMENT

(1.) The undaunted and also inexorable son has challenged the alleged right of his father over the suit property by way of filing these second appeals against the concurrent Judgments and decrees passed in passed in Original Suit Nos.148 and 72 of 2004 by the District Munsif Court, Sivakasi and in Appeal Suit Nos.66 and 65 of 2004 by the Sub Court, Sivakasi.

(2.) The appellant in both the second appeals as plaintiff has instituted Original Suit No.72 of 2004 on the file of the trial Court for the reliefs of declaration and recovery of possession, wherein the respondent in Second Appeal No.108 of 2010 (first respondent in Second Appeal No.107 of 2010) has been shown as sole defendant.

(3.) It is averred in the plaint filed in Original Suit No.72 of 2004 that the suit property is situate in Alangulam village. The defendant is the father of the plaintiff. The suit property has been purchased by the paternal grandfather of the plaintiff viz., Subba Naicker under a registered sale deed dated 18.07.1969. Since then the said Subba Naicker has enjoyed the suit property and he executed a settlement deed dated 27.08.1986 in respect of the suit property in favour of his daughter by name Saraswathi Ammal and in favour of Vijayakumar who is none other than his grand son and also in favour of grand daughter by name Marithai. The said settlement deed has come into effect. The plaintiff has purchased the suit property under a registered sale deed dated 30.10.2000 for a valid consideration. The defendant is none other than the father of the plaintiff. Due to misunderstanding between the plaintiff and defendant, the defendant has unlawfully entered into the suit property. The plaintiff and his predecessor in title has had enjoyed the suit property to the knowledge of the defendant and thereby prescribed title to the same by adverse possession. Under the said circumstances the present suit has been instituted for the reliefs of declaration and recovery of possession.