VIJAYAMURTHY Vs. MUTHUSAMY GOUNDER

JUDGEMENT

(1.) This Second Appeal is filed by the defendants 2 and 3 against the concurrent findings of the Courts below in the suit filed for declaration and permanent injunction restraining the appellants and their men from trespassing or interfering in any manner the peaceful possession and enjoyment of the suit property more fully described under the plaint schedule.

(2.) The appellants herein in his written statement had contended that the defendants and their ancestor for over statutory period are in enjoyment of the suit property and perfected the title over of the suit property by way of adverse possession. The said contention disbelieved by both the Courts below and granted permanent injunction in favour of the plaintiffs/respondents.

(3.) The facts pleaded and proved by the parties are under: The 1st plaintiff is the junior paternal uncle of the 2 nd plaintiff. The 1st plaintiff and his elder brother Ramasamy purchased 19.05 hectares of land bearing Survey No.2/2B in Mallipatti village, Uthangarai Taluk under the sale deed dated 20.05.1996 marked as Ex.A4, since then the property is in their possession and enjoyment and they are paying the necessary kist and also ryotwari patta Ex.A5 issued to them by the settlement Tahsildar for the suit property. In the year 1994, the property was sub divided under the proceedings of the Tahsildar (Ex.A6) and patta (Ex.A7) issued in the name of the plaintiffs. Based on the Adangal, Kist receipt and certified copy of the chitta, which was marked as Ex.A10 and Ex.A11. The plaintiff has succeeded by establishing their right, title, interest and possession over the suit property.