NATESAN Vs. MANNANKATTY NAICKER

JUDGEMENT

(1.) This second appeal is filed against the reversing judgment of the lower appellate Court.

(2.) The appellant herein has filed the suit for declaration of title and permanent injunction. According to him, the suit property was purchased by his mother Mangammal by sale deed, dated 4.10.1940. After her death, the suit property was handed over to him. He has put up hut in the property and it was assessed for property tax and he was paying the tax. In or about 1970, there was fire in the Alathur village. In that fire, the house of the plaintiff was destroyed. Thereafter, he was enjoying the property by storing his hay-stack and rearing his cattle. While so, when he was about to construct a house in the year 1984, the defendant has obstructed the same. Therefore, he filed the suit.

(3.) The defendant claimed that the suit property, which is pattai poromboke, was situate in the south of his property and that was removed by panchayat and the plaintiff was not having title to that property. He contended that his father purchased the property in the year 1951 and the same is in his possession.