C.SAMBANDAM Vs. BANUMATHI

JUDGEMENT

(1.) (The case has been heard through video conference) The appellants herein are the defendants in the suit for recovery of possession suffering the decree of the Courts below, the instant second appeal is filed.

(2.) The case of the plaintiff is that "A" schedule property, consist of two parts. One is 25 cents in S.No.174/3 and another 26 cents in S.No.174/3. It was purchased under two sale deeds dated 05/06/1975 marked as Ex.A-1 and Ex.A-2. Five years prior to the suit, the Power Agent of the plaintiff permitted the defendants to occupy the "B" schedule property, which is 432 sq.ft., with linear measurement of 12x36 ft. for paguthi of Rs 10/- per month. When the plaintiff sought back the property, the defendants refused to vacate. After issuance of termination notice, suit is filed for recovery of "B" schedule property with superstructure and recovery of arrears of paguthi and future profit from the date of suit till the date of delivery of possession.

(3.) The defendants contested the suit denying rental agreement. They claimed to be in possession and enjoyment of the "B" schedule property in 51/2 cents for more than 100 years, much prior to the plaintiff purchased the property in the year 1975. The suit property belongs to the defendants under kudiyirupppu Act and by long years of enjoyment. The standing trees in the suit property were raised by the father of the first defendant. They are living in the "B" schedule property paying the house tax. The tax receipts prior to 1983 got destroyed in fire. Ex.B-2 to Ex.B-9 are the house tax receipts. It has electricity connection for more than 20 years. Ex.B-15 to Ex.B-29 are the Electricity bills. Ex.B-10 is the voter identity card. The sale deeds Ex.A-1 and Ex.A-2 will not bind them. The defendants pegged their case on long occupation and protection under Kudiyeiruppu Act. Besides pleaded the mis-description of the suit property in the plaint.