MARAPPA GOUNDER Vs. RAMALINGAM

JUDGEMENT

(1.) Marappa Gounder, the plaintiff is the appellant herein. Remalingam and Nataraja Gounder, the defendants are the respondents herein.

(2.) The plaintiff filed the suit for partition and separate possession of his half share in the suit property, contending that the same was purchased from the brothers of the defendants. The suit was decreed by the trial Court. However, the lower appellate Court, in the appeal filed by the defendants, set aside the judgment and decree of the trial court and the suit was dismissed, upholding the contention of the defendants that they are in adverse possession. Challenging the same, the plaintiff has filed the second appeal before this Court.

(3.) The case of the plaintiff is as follows:- The suit property is an extent of 3.06 acres in S. No. 490-C, situated in Kolanalli Village. The suit property originally belonged to two brothers, by name, Seeranga Gounder and Muthu- samy Gounder. Sellakumaraswamy Gounder is the son of Seeranga Gounder. Ramalingam and Nataraja Gounder, the defendants, are the sons of Muthusamy Gounder. After the death of Seeranga Gounder and Muthusamy Gounder, Sellakumaraswamy Gounder and the defendants partitioned the property through a registered partition deed/Ex. A-2, dated 4-6-1952. As per this deed, half share in S.No. 490-C was allotted to Sellakumaraswamy Gounder and the other half share was allotted to the defendants - Ramalingam and Nataraja Gounder. Even after the partition, the property was enjoyed in common. On 27-7-1974, Marappa Gounder, the plaintiff purchased half share under Ex. A-1 from Sellakumaraswamy Gounder. Even after the purchase, the suit property was enjoyed by the plaintiff along with the defendants 1 and 2 in common. Since the plaintiff felt that it was no longer possible for him to enjoy the property in common, he demanded partition through notice and since there was no response, the plaintiff filed the suit for partition of the half share and separate possession.