SUBRAMANIYAN Vs. VENKATACHALAM PILLAI

JUDGEMENT

(1.) THIS second appeal is directed against the Judgment and Decree dated 03.09.2001 and made in A.S.No.86 of 2000, on the file of the learned Additional District Judge, Villupuram, confirming the Judgment and decree dated 30.06.2000 and made in O.S.No.992 of 1993, on the file of the learned Additional District Munsiff, Thirukoilur.

(2.) THE facts, which giving rise to the memorandum of second appeal, are detailed as under: The suit property is the residential house and the vacant site. It was originally belonged to the first defendant. In the year 1977 (at the end of Tamil month of Thai), the plaintiff had orally purchased the suit property from the first defendant for the consideration of Rs.3,000/ - and ever since from his purchase he has been in possession and enjoyment of the suit property for more than 16 years and as such the plaintiff has prescribed title over the property by way of adverse possession. That on 05.12.1993, the defendants were trying to trespass upon the suit property, for which they do not have any right or interest. Hence, the plaintiff was constrained to file the suit for the relief of declaration and injunction.

(3.) THE defendants have contended that the suit property is the ancestral property of the first defendant. It is not correct to say that the plaintiff had purchased the said property orally in the year 1977 for the consideration of Rs.3,000/ -.