LAKSHMI AMMAL Vs. THILLAI NATARAJAMURTHI

JUDGEMENT

(1.) The defendant in O.S.No.350/83 on the file of the Principal District Munsif, Padmanabhapuram, is the appellant in the second appeal. The respondent herein filed the suit for redemption, partition and future profits on the following averments: The suit property belonged to him and his deceased brother Subbian Chettiar. Subbian Chettiar sold his rights to the appellant/defendant. On 10-10-1122 M.E., corresponding to 24-5-1947, the plaintiff executed an othi in favour of one Bagavathi Amma. On 11-11-1124 M.E., corresponding to 25-6-1949, the defendant obtained an assignment from Bagavathi Amma. The plaintiff is an agriculturist. The first item is agricultural land. The second item is garden land. As per Act 4 of 1938, the othi debt got fully discharged on 10-11-1154 M.E., corresponding to 25-6-1979. The plaintiff has become entitled to recover possession of the property. As he had 30 years for filing the suit, the suit was in time. The plaintiff could get redemption of the othi as per Oodukur rights. The plaintiff through his Power of Attorney Holder, suggested to the defendant on 27-2-1983 to have a settlement. The defendant not having accepted the suggestion, the suit came to be filed. Till the property is given back to the plaintiff, he is entitled to mesne profits.

(2.) The defendant resisted the suit contending inter alia as follows: The plaintiff has no right over the suit properties. The plaintiff's brother deceased Subbian Chettiar sold the entire suit properties in favour of the defendant. The sale was on behalf of the plaintiff also. He also accepted the same and did not question it in any Civil Court within the period of limitation. The defendant is in possession of the suit property, after redeeming the earlier mortgage and his possession is that of a jenmi. In any event, the suit is barred by limitation as well as by adverse possession.

(3.) There were other defences raised, but for the purpose of disposing of the second appeal, they are not relevant.