SHANKAR Vs. MRS DHANABAKKIYAM

JUDGEMENT

(1.) THE unsuccessful defendant is the appellant herein. THE respondents/plaintiffs filed the suit for declaration and recovery of possession of the suit property.

(2.) THE case of the respondents/plaintiffs was that one Mr.Arumuga Nattar, the husband of the first respondent was the native of Odaiyur Village, near Kalpakkam and he was owning lands in his Village. All of a sudden, those lands were acquired by the Government of India for atomic power project and instead of paying compensation, houses and house-sites were allotted to those persons, whose lands were acquired and along with the said Mr.Arumuga Nattar, 12 other persons were also allotted house and house-sites in the year 1970 and they have also formed a colony known as "Edaiyur Inland Fisherman Residential Colony'', Pudur and each of them was allotted 10 cents of land and they have taken possession of the property. As patta was not granted to Mr.Arumuga Nattar and others, 13 allottees, including Mr.Arumuga Nattar filed a Petition before this Court in W.P.No.6446 of 1984, seeking for a direction, and order was passed in that Writ Petition, directing the Authorities to consider granting of patta to the petitioners and it was observed in that said order that Mr.Arumuga Nattar and 12 others petitioners were allotted 10 cents of land.

(3.) BOTH the Courts below accepted the case of the respondents/plaintiffs and held that the respondents/plaintiffs proved their title to the suit property and they were dispossessed in the year 1989 and the suit was filed within a period of 12 years and hence, the respondents/plaintiffs are entitled to the decree for declaration and recovery of possession. Aggrieved by the same, the present Second Appeal has been filed.