GOWRI Vs. LAKSHMIGANDAM AMMAL

JUDGEMENT

(1.) Defendants are the appellants herein. The plaintiff filed a suit for declaration of title and also for recovery of possession. The Trial Court dismissed the suit, but, the first appellate court decreed the suit as prayed for of course, with mesne profits.

(2.) The plaintiff has contended that the suit property originally belonged to Government of Tamil Nadu and the same was classified as natham poramboke. The Revenue Divisional Officer, Tirukoilur granted patta to the plaintiff under proceedings No.5-1228-79 dated 2.8.1979. It is contended that the plaintiff, having put up a house, has been residing over there, paying house-tax. The plaintiff would also allege that the first defendant, taking advantage of the absence of the plaintiff, encroached upon the suit property and refused to vacate the same.

(3.) The defendants would contend that the suit property, comprised of a larger extent of 29 cents, originally belonged to one Krishnamurthy and others. Thereafter, it was possessed and enjoyed by Vekatraya Reddiar and Seetharama Reddiar. The first defendant purchased the same for a sum of Rs.20/= on 1.5.1960 and has been in exclusive possession and enjoyment of the same. It was only the first defendant who has put up construction. It has also been contended that the first defendant had prescribed title by adverse possession.