VALLIAMMAL Vs. DISTRICT COLLECTOR, VILLUPURAM DISTRICT

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) The plaintiff filed the suit for declaration and recovery of possession of the suit properties. The case of the plaintiff was that the properties originally belonged to one Seviyappa Udayar, son of Devaraya Udayar and the said Seviyappa Udayar executed a registered settlement deed in favour of the plaintiff/appellant on 6.10.1986 and handed over possession and at the time of settlement, the plaintiff/appellant was minor and it was accepted and acted upon by his father and as per the settlement deed dated 6.10.1986, he became entitled to the possession and enjoyment of the suit properties and the Government Officials purchased the suit properties and other properties from one Narayana Udayar son of Devaraya Udayar under a registered sale deed dated 28.10.1997 and took possession of the property and Narayana Udayar was not entitled to any right to the suit properties and the sale deed dated 28.10.1997 in favour of the Government of Tamil Nadu will not confer any title and as the defendants/respondents refused to give possession and denied the title of the plaintiff/appellant, the suit was filed for the relief already stated.

(3.) The respondents contested the suit stating that the suit property and other properties belonged to Narayana Udayar and the revenue records also confirm the same and the plaintiff's vendor Seviyappa Udayar never had any title or possession to the suit property and therefore, he could not have conveyed any title to the suit property in favour of the plaintiff and the settlement deed is also not valid and the plaintiff/appellant will not get any title under the settlement deed and after the purchase of the lands, the Government allotted the properties to various persons and they are in possession of the property and therefore, the suit filed without impleading the persons in possession is not maintainable. Further, as the Government has purchased the property from the real owner, the plaintiff cannot claim any right over the property.