KANNAN Vs. VENKATACHALAM

JUDGEMENT

(1.) THE Appellant/Defendant has filed the present Second Appeal before this Court as against the Judgment and Decree dated 17.01.1997 in A.S.No.78 of 1996 passed by the Learned I Additional Subordinate Judge, Pondicherry. The Germane Plaint averments of the Respondents/Plaintiffs are recapitulated as follows:-

(2.) THE suit property in dispute formed part of vacant land described in blue in the rough sketch attached to the Plaint. The suit land forms part of the land comprised in R.S.No.232/18 situate at Veemacoundanpalayam, Pondicherry. The disputed portion is shown as 'B' Schedule property and the same forms part of 'A' schedule property on the western side.

(3.) THE Appellant/Defendant is the brother's son of the plaintiffs' father Murugesan. The Plaintiffs grandfather Murugesan had three brothers viz., Ariaputhiri, Subarayan and Ramasamy. The Appellant/ Defendant is the son of Ariaputhiri. The grandfather of the Respondents/Plaintiffs and his brothers divided the property several decades ago and were in possession and enjoyment of the respective shares. They had divided early. The patta for the shares had been mutated to four brothers and patta for the suit property was standing in the name of Murugesan for well over 50 years. The Appellant/ Defendant had purchased the shares from the Pangalis (Coparcener). The Respondents/Plaintiffs were enjoyed the suit 'A' schedule property by constructing a live fence and by storing the waste materials etc. Also, they were in exclusive possession and enjoyment of the same.