K. SAROJA AMMAL AND G. KRISHNAMURTHY Vs. R. VENKATA RAO AND R. RAGHUNATHA RAO CHARITIES, KOVILADI, KUMBAKONAM - REP. BY ITS CHAIRMAN, BOARD OF TRUSTEES, R. LAKSHMAN RAO S/O MADAVA RAO, SRI CHAKRAPANISAMY TALUK AND MUNSIFF,

JUDGEMENT

(1.) Defendants 3 and 4 in O.S.No.51/87 on the file of the Subordinate Judge's Court, Kumbakonam, are the appellants in the appeal. The first respondent herein filed the suit against respondents 2 and 3 and the appellants for recovery of the suit house with future profits.

(2.) The plaintiff's case is as follows:

(3.) The first defendant filed a written statement and the same was adopted by the second defendant disputing the very existence of the plaintiff Trust and also disputing the ownership of the property to the Trust. Defendants 1 and 2 as the absolute lawful owners and as such, they sold the same to Ramachandran for valid consideration. The suit property was gifted absolutely by the original owners to the ancestors of defendants 1 and 2. Ever since, the ancestors and thereafter defendants 1 and 2 had enjoyed the suit property for over a period of 150 years and they had prescribed for title by adverse possession. The Will set up by the plaintiffs is not true as also the arrangement. The alleged agreements are not true.