G MURUGAN Vs. G THANGARAJ

JUDGEMENT

(1.) THE above Second Appeal arises against the judgment and decree in A.S. No.23 of 2007 on the file of Principal Subordinate Court, Gobichettipalayam confirming the Judgment and Decree in O.S. No.540 of 2004 on the file of District Munsif Court, Gobichettipalayam.

(2.) THE Plaintiff in the Suit is the Appellant in the above Second Appeal and the Respondent was the Defendant in the Suit.

(3.) THE brief case of the Defendant in the Suit is as follows: According to the Defendant, the land in possession of the Defendant belong to the Government. In the said land, either the Plaintiff or his father Gurunathan have no right. THE Defendant constructed a house in the said land. THEre was no oral partition as alleged by the Plaintiff. THE Plaintiff was not allotted with 2.5 cents as averred in the Plaint. THE Plaintiff was residing for Kounadampadi for 20 years and about 4 or 5 years, he returned to Gobichettipalayam. Since he had no house to reside, the Defendant allowed the Plaintiff to reside in the Suit house. THE Plaintiff have no right in respect of "B" Schedule property. In these circumstances, the Defendant prayed for dismissal of the Suit.