LAKSHMI Vs. KARUPPATHAL ALIAS SADAYAMMAL

JUDGEMENT

(1.) The submissions made by Mr.S.Anand Chandrasekar, learned counsel for the appellants were heard. The grounds of appeal, judgments of the courts below and other papers produced in the form of typed-set of papers were also perused.

(2.) The defendants in the original suit O.S.No.243 of 2007, on the file of the District Munsif Court, Oddanchatram are the appellants herein. The respondents herein filed the said suit as plaintiffs for declaration of their alleged title in respect of the suit property, for recovery of possession and for costs.

(3.) The respondents herein/plaintiffs contended that their mother Kumarayee Ammal was the owner of the suit property and on her death, the same devolved upon them. The further case of the respondents herein/plaintiffs is that they entrusted the suit property to Arumugam, late husband of the first appellant; that the said Arumugam who was thus put in permissive possession managed the suit property on behalf of the respondents herein/plaintiffs; that about six months prior to the issuance of pre-suit notice the said Arumugam started claiming adverse possession and chose to issue a reply to the notice issued by the respondents/plaintiffs claiming extinquishment of the title of Kumarayee Ammal; that he also falsely claimed to have been put in possession of the suit property pursuant to an alleged agreement for sale; that subsequently he died about four months prior to the filing of the suit leaving the appellants/defendants as his legal heirs and that hence, they were constrained to file the suit for the above said reliefs.