KANDAN AND ORS. Vs. PAPPAYEE AND ORS.

JUDGEMENT

(1.) This Second Appeal is preferred by the 3rd and 4th defendant in Original Suit No.76 of 2003 on the file of the District Munsif court at Namakkal. Pappayee, the first respondent herein filed suit for declaration of title and permanent injunction in respect of the suit schedule property based on the sale deed dtd. 2/2/1968. She had also sought for a further relief to declare the classification of the suit property as government porambokku as void and consequential relief of mandatory injunction to remove the structure put up by the 3rd and 4th defendants in the suit property. Permanent injunction restraining the defendant Nos.3 and 4 from interfering the plaintiff possession of the suit property. The District Collector of Namakkal, the Tashildar of Namakkal and the Appellants 1 and 2 herein were the defendants in the said suit. The Trial Court, allowed the suit and passed decree as prayed.

(2.) Challenging the Trial Court judgment and decree, the appellants 1 and 2 preferred appeal suit. The said first appeal dismissed confirming the Trial Court judgment and decree. Hence, the Second Appeal against the concurrent finding. Pending appeal, the first appellant/3rd defendant died. His legal representatives were brought on record as appellants 3 to 10. When the appeal was taken for final hearing, the Learned Counsel for the Appellant filed a memo dtd. 18/11/2020 stating that 4th and 8 th appellants died. Pursuant to the arrangement between the family members, the 10th appellant alone is the contesting appellant. The death of 4th and 8th appellants was recorded.

(3.) Brief fact leading to the second appeal: The subject matter of the suit property is the titled house measuring approximately 17 x 9 feet (elbow measure) equivalent to 26 x 14 feet and the vacant land appurtenant to it, in Namakkal Town, Bajanai Madam Street, Ward-C, Bock-3, Town Survey No.30, old door No.66-B, New door No.39 bounded by: South of the stage put up by the Panchayat Board; West of the Street; East of Ponnibayan wife Pappayee and Defendant house; and North of the street leading to Mariamman Koil.