KASI GOUNDER Vs. CHINNAPAIYA GOUNDER

JUDGEMENT

(1.) THE defendant in O.S. No. 904 of 1980 on the file of I Additional District Munsif, Tiruvannamalai has preferred the second appeal aggrieved against the Judgment and decree made in A. S. No. 133 of 1997 on the file of Additional District Judge, Tiruvannamalai reversing the judgment and decree of the trial Court dated 14-8-1997.

(2.) THE case in brief is as follows :- THE plaintiff filed a suit for declaration and recovery of possession. THE suit properties originally belonged to one Manickam Ammal and she is the maternal aunt of the plaintiff and the defendant. She executed a registered settlement deed dated 21-5- 1978 in favour of the plaintiff, who accepted the same and took possessions, but the original settlement deed was taken away by the defendant with the active assistance of his father. Now, the defendant openly saying in the village that he has got right over the property. In fact, the plaintiff issued a legal notice to the defendant, but he refused to receive the same. Hence, the suit.

(3.) THE points that arise for consideration are (1) Whether the plaintiffs is entitled to the relief of declaration " (2) Whether the plaintiff is entitled to the relief of recovery of possession "