J. VANITHA JESLIN Vs. D. SAMUEL

JUDGEMENT

(1.) The plaintiff in O.S.No.496 of 2008, whose suit, for declaration and recovery of possession was dismissed by the trial Court, upon affirmation of the said dismissal on appeal in A.S.No.42 of 2014 by the II Additional Sub Court, Nagercoil, has come up with this Second Appeal.

(2.) Notice of motion was ordered on 23.09.2016, pursuant to which, Mr.M.P.Senthil has entered appearance for the respondents.

(3.) The plaintiff sought for declaration and recovery of possession on the ground that the suit property originally belonged to one J.D.Samuel, who died leaving behind his three sons namely Thomson, Daniel and Gnanasigamani. It is claimed that J.D.Samuel was in possession of 36 cents of land in the suit survey No.847/15, which is equivalent to old Survey No.6018/11 and 6018/12. According to the plaintiff, after the demise of J.D.Samuel, his three sons partitioned the property, in which, 12 cents and a portion of the old house in the western side was allotted to Thomson. It is claimed that at a partition among the sons of Thomson that took place on 23.02.1982, six cents each was allotted to Gladson Robert and T.Wilfred Gibson. According to the plaintiff, the said T.Wilfred Gibson sold his six cents to Justus Robinson, who is the plaintiff's father, under a Sale Deed dated 18.06.1988. Claiming that the purchaser/the father of the plaintiff had settled six cents along with a portion of the house in favour of the plaintiff, under a settlement deed dated 13.02.2007 and that the defendant was allowed to be in permissible possession of the property, the plaintiff sought for declaration and recovery of possession.