JAYAKRISHNAN AND ORS. Vs. ARAPPA GOUNDAR AND ORS.

JUDGEMENT

(1.) This Second Appeal is preferred by the plaintiff in the suit. The relief sought in the suit is for recovery of possession and for past and future mesne profit in respect of the following two items of properties mentioned in the plaint schedule. Item No.1: Half share in A.C 8.05 land comprising G.S.No.268 at Sankaranpalayam Village, Bavani Taluk, Erode District and Item No.2: AC 8.17 land, well and channel comprising G.S.No.269 at Sankaranpalayam Village, Bavani Taluk, Erode District.

(2.) Plaint averment:

(3.) The first defendant, being the friend of other defendants, created documents as if 1/4th share in the suit property was sold by Raman, S/o.Kuppan, to one Chittan on 9/6/1967. From Chittan, he has taken lease of 1/4 th of the suit property and from the rest of the heirs of Kuppan, he has taken lease of the remaining 3/4th of the suit property through an unregistered lease deed dtd. 14/4/1967. Through these fabricated documents, claiming the status of cultivating tenant over the suit property filed O.S.No.484 of 1971. From 23/9/1971 the defendants are forcibly occupying the suit property, hence suit for recovery of possession and mesne profit.