RADHA AMMAL Vs. RAMACHANDRAN PILLAI

JUDGEMENT

(1.) THE Second Appeal is directed against the judgment and decree dated 14.03.1996 passed by the learned Principal District Judge, Villupuram, in A.S.No.143 of 1994, whereby the judgment and decree passed by the learned Subordinate Judge, Tindivanam, dated 28.03.1994 in O.S.No.148 of 1990, were confirmed.

(2.) THE deceased 1st appellant was the sole plaintiff and the respondent was the sole defendant before the trial court and appellants 2 and 3 are the legal heirs of the deceased 1st appellant. THE plaintiff (since deceased) filed the suit for a declaration of her title to the suit property and also for a permanent injunction restraining the defendant and his men from interfering with her possession and enjoyment of the suit property.

(3.) THE defendant resisted the suit and filed a written statement stating that the mother of the defendant as well as his brother Adikesava Pillai is one Thaiyalnayaki Ammal and not Mangathayammal, as alleged by the plaintiff. THE suit property was purchased by their mother from Mangathayammal. Since the property was purchased by their mother from the income derived from the joint family, the suit property is their joint family property and it was enjoyed commonly. On 22.01.1959, there was a partition and in which, the suit property was allotted to the share of the defendant and since then, he is in possession and enjoyment. Hence, in view of continuous possession for more than 30 years, the defendant acquired title by prescription over the suit property and the plaintiff has no title or interest over the same