AMBALA THEVAR Vs. CHELLAMMAL

JUDGEMENT

(1.) The plaintiff is the appellant who has failed before the Courts below in his attempt to establish his title and to protect his possession from interference as well as alternative relief of recovery of possession and other reliefs.

(2.) According to the appellant, the suit property belonged to one Paramandi Muppar and was purchased by his mother Sigappi on 15.4.1949 under Ex.A1. Though in Ex. A1, the reference is to pymash No.271, after the abolition of Inams, the entire suit property was given the Survey No.5/1 and the extent was said to be 3 acres 59 cents. Sigappiammal died two years prior to the suit. According to the appellant, he was in possession of the entire suit property and the suit was filed for the above reliefs not only on behalf of himself but also on behalf of his brothers and sisters.

(3.) The respondents resisted the suit claim stating that the full details of Survey No.5/1 has not been given. According to them, it is really enjoyed now as three plots. The southern most plot running east-west belonged to Sigappiammal and was in her possession and not the other two plots. A joint patta had been given for Survey No.5/1. This was objected to by the appellant but the objection was rejected. The appellant is only entitled to 1.6 acres viz., the southern most plot of Survey No.5/1 and he is neither entitled to, nor in possession of the remaining areas.