SARASVATHI Vs. MARAGATHAM

JUDGEMENT

(1.) This Second Appeal has been filed challenging the concurrent findings of the Courts below.

(2.) The appellants are the defendants in the suit O.S. No.46 of 1999 on the file of the District Munsif cum Judicial Magistrate Court, Avinashi. The suit was filed by the respondent / plaintiff against the appellants / defendants seeking for recovery of possession of the suit schedule property measuring 19 cents, which is situated on the western side of the respondent / plaintiff's property which according to her, the appellants / defendants have encroached.

(3.) It is the case of the respondent / plaintiff that she is the owner of the land measuring 2.07 acres with specific boundaries in SF No.76/1, out of the total extent of land measuring 4.14 acres. According to the respondent / plaintiff originally, Palani Gounder sold 2.07 acres in SF No.76/1 of Pachapalayam Village, Avinashi Taluk to the respondent /plaintiff's mother Devariammal under a sale deed dated 21.11.1945. The mother of the respondent / plaintiff, Devariammal, executed a registered Will dated 03.07.1962 in favour of the respondent /plaintiff and bequeathed the land measuring 2.07 acres. After her death, the respondent / plaintiff became the absolute owner of the land measuring 2.07 acres, out of 4.14 acres in SF No.76/1. The appellants / defendants 1 to 5 are neighbours of the respondent / plaintiff. It is the case of the respondent / plaintiff that they own adjacent lands measuring 2.07 acres in SF No.76/1 situated on the western side of the property, as per their sale deed dated 29.03.1961. It is the case of the respondent / plaintiff that a false claim has been made by the appellants / defendants that they are entitled to 2.26 acres, whereas according to the respondent / plaintiff, they are entitled only to 2.07 acres in SF No.76/1. It is the case of the respondent /plaintiff that the appellants / defendants have encroached 19 cents, which is the suit schedule property, which belongs to the respondent /plaintiff. The suit has been filed by the respondent / plaintiff on the ground that the appellants / defendants have encroached 19 cents out of her property and therefore, she sought for recovery of possession.