RAMASAMY Vs. KUPPUSAMY UDAIYAR DIED

JUDGEMENT

(1.) THE plaintiff is the appellant herein. THE appellant/plaintiff filed the suit for the relief of declaration that he is the owner of the suit property by adverse possession and also on the basis of the patta issued by the respondents 2 to 4 in his favour.

(2.) THE case of the appellant/plaintiff was that the suit property belongs to the Government and it was enjoyed by the father of the appellant/plaintiff from the year 1936 by paying the kist to the Government and after his death, the appellant/plaintiff is enjoying the property by making improvements to the suit property and is in possession of the same and therefore, he has also perfected title to the property, by adverse possession, for more than a statutory period. Considering the legal possession and enjoyment of the property by the appellant/plaintiff, the Government of Tamil Nadu also issued patta in his favour and on coming to know about the same, the first respondent/defendant applied to the Revenue Officials to cancel the said patta and after conducting an enquiry, the application of the first respondent was rejected and the patta granted in favour of the appellant/plaintiff was confirmed and the first respondent/defendant never had any possession and no patta was issued in his name. As the first respondent/defendant with the help of defendants 2 to 4, was attempting to get patta in respect of the suit property and trying to disturb the possession and enjoyment of the suit property, along with other defendants, the suit was filed for declaration that the appellant/plaintiff is the owner of the suit property by adverse possession and on the basis of the patta issued in his favour and for injunction.

(3.) THE First Appellate Court reversed the findings of the trial Court and allowed the appeal holding that the decree passed in O.S.No.834 of 1985, though ex parte decree, the same will operate as resjudicata and when the appellant being a party to the said proceedings, cannot claim title adverse to the first respondent herein and the patta will not confer any title on the appellant. Hence, the Second Appeal.