VELAYUDHAM PILLAI Vs. SANDHOSA NADAR

JUDGEMENT

(1.) THESES two appeals arise out of a common judgment rendered by the courts below in two suits filed by the same plaintiff, the appellant herein, against the defendants in each of the suits, seeking a declaration of title and injunction in respect of the properties covered by those suits. The property involved in O. S. 22 of 1966 out of which S. A. 1469 of 1969 arises is 94 cents in S. No. 335/1 and the property involved in O. S. No. 180 of 1966 out of which S. A. 1470 of 1969 arises is 5. 47 acres, the western half of S. No. 333 measuring 10. 94 acres. The plaintiff's case is that the suit properties and the adjoining properties belonged to him ancestrally, that in any event, he has prescribed title to those properties by adverse possession, and that the defendants have no manner of right or interest in the same but they have chosen to interfere with his possession and enjoyment of the same.

(2.) THE defendants in both the suits contended that the suit properties do not belong to the plaintiff, that they are the owners of the respective suit properties, that the plaintiff has never been in possession of the same, and that the plaintiff is not entitled to any of the relief's claimed in the suits. The defendants in both the suits contended that the suit properties do not belong to the plaintiff, that they are the owners of the respective suit properties, that the plaintiff has never been in possession of the same, and that the plaintiff is not entitled to any of the relief's claimed in the suits.

(3.) THE trial Court held that the plaintiff has neither title nor possession. It therefore dismissed both the suits. Aggrieved against the decision of the trial court, the plaintiff preferred appeals to the lower appellate Court, and it also agreed with the view taken by the trial Court. Hence the present second appeals by the plaintiff in the two suits.