SYED MOHINDEEN Vs. PERIANNAN ALIAS RAMASWAMY

JUDGEMENT

(1.) THE plaintiffs, who were successful in the Trial Court and unsuccessful in the First Appellate Court are the appellants herein.

(2.) THE plaintiffs filed the suit for recovery of possession of the suit properties and for mesne profits.

(3.) THE fourth defendant filed a statement, which was adopted by defendants 1 to 3, stating that the patta granted under the provisions of the Act, 30 of 1963, will not clothe any right on the plaintiffs to claim ownership of the property and the defendants are in possession and enjoyment of the suit property, right from 04.6.1967, the date on which Pavayeeammal, died. THE defendants have perfected title to the suit properties by adverse possession and the plaintiffs' right, if any, was lost by long continuous hostile possession of the defendants and the suit filed for recovery of possession, without asking for declaration, is also not maintainable. THE third defendant filed an additional written statement, stating that the suit properties are Wakf properties and therefore, without issuance of notice under Section 57 of the Wakf Act, the suit is not maintainable and therefore, the same is liable to be dismissed. THE third defendant also filed another additional statement stating that the defendants did not belong to Vellalar Goudar, as stated in the plaint and the defendants belong to Nattu GounderCommunity.