A GNANAMBAL Vs. C PERIYASAMY

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 15.3.2005, made in A.S.No.63 of 2003, on the file of the Subordinate Court, Kallakurichi, reversing the judgment and decree, dated 21.3.2003, made in O.S.No.271 of 1996, on the file of the III Additional District Munsif Court, Kallakurichi.

(2.) THE plaintiff in the suit, in O.S.No.271 of 1996, is the appellant in the present second appeal. THE defendant in the said suit is the respondent herein.

(3.) AFTER an enquiry had been conducted by the concerned Government authorities an order, dated 23.8.1990, had been passed issuing patta in respect of the plots, which were being enjoyed by the beneficiares concerned. Since, Thandaan was in possession and enjoyment of Plot No.15 for more than 12 years, patta had been issued to him in respect of the said plot. While so, he had sold the vacant site allotted to him, to the plaintiff, on 7.10.1987, for a consideration of Rs.10,000/-. The possession of the property had been handed over to the plaintiff, on the same date. Thereafter, patta had been issued to Thandaan, on 23.8.1990, for Plot No.15. The plaintiff had started construction works in the plot. The defendant has no right or title in respect of the suit property. However, since the defendants were attempting to trespass upon the suit property, the plaintiff had filed the suit, in O.S.No.271 of 1996, on the file of the III Additional District Munsif Court, Kallakurichi.