P SUBRAMANI Vs. KAMALAMMAL

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 29.6.2009, made in A.S.No.90 of 2005, on the file of the Second Additional Subordinate Court, Villupuram, confirming the judgment and decree, dated 30.3.2005, made in O.S.No.1007 of 1993, on the file of the Additional District Munsif Court, Villupuram.

(2.) THE suit had been filed by the plaintiff Arumuga Kounder, praying for a judgment and decree declaring the plaintiff-s title to the suit properties and for permanent injunction restraining the defendants, their men, servants and agents from in any way disturbing the peaceful possession and enjoyment of the suit properties by the plaintiff and for costs. After the death of the plaintiff Arumuga Kounder his legal heir had been added, as the second plaintiff in the suit.

(3.) IN the written statement and in the additional written statement filed on behalf of the second defendant the averments and allegations made by the plaintiffs had been denied. It is stated that the properties belonged to one Perumal Kounder, Son of Narayana Kounder. It has been stated that it is false to state that Perumal Kounder had executed a registered settlement deed, on 2.9.1976, in favour of Arumuga Kounder, since, Perumal Kounder had no issues. It is also false to state that the settlement deed was duly executed, accepted and acted upon. It is also not correct to state that Arumuga Kounder, the original plaintiff in the suit, in O.S.No.1007 of 1993, had taken possession of the suit properties, pursuant to the alleged settlement deed. It has also been stated that the claim of Arumuga Kounder that he has been paying the kist in his name is also false. IN fact, the plaintiff had, clandestinely, obtained patta, recently, in the updating scheme, in respect of the suit properties. Till then, the patta stood in the name of Perumal Kounder, the father of the minor first defendant.