K GOPALAN Vs. MUTHULAKSHMI

JUDGEMENT

(1.) The Plaintiff, who was successful in the the Trial Court and was unsuccessful in the First Appellate Court, is the Appellant herein.

(2.) The Appellant/Plaintiff filed the suit in O.S. No. 28 of 1993, for recovery of possession, stating that the property originally belonged to one Muthukumarasamy, and the Appellant/Plaintiff purchased the same from him under a registered sale deed dated 2.6.1969. After the purchase, the Plaintiff has put up his house on the southern portion and there are three schedules to the sale. There is a patta kanni running in between 'C' Schedule property and 'A' Schedule property and 'C' Schedule property is on the southern side of the Kauveri river and further south of 'C' Schedule property is patta kanni and further south is the 'A' Schedule property and the Respondent/Defendant has encroached upon 'C' Schedule property in the year 1982 and therefore, the suit for recovery of possession of the 'C' Schedule property was filed.

(3.) The Respondent/Defendant contested the suit stating that 'C' Schedule property was enjoyed by the Respondent's husband Govindasamy and before him, her father-in-law and after the death of the Respondent's husband in the year 1981, the Respondent/Defendant continued to be in possession of the property. The Respondent/Defendant is having a residential house on the eastern side of the suit 'C' Schedule property and the Respondent's husband already perfected title to the suit property by adverse possession and they are in possession of the property to the knowledge of the Plaintiff for more than 12 years. There was also a litigation between the Plaintiff's predecessor in title and Respondent's husband-Govindasamy in O.S. No. 12 of 1960, in respect of the suit property and in that suit, the Respondent's husband-Govindasamy pleaded adverse possession and that was upheld in the First Appeal and the same was confirmed in the Second Appeal in S.A. No. 1800 of 1964.