RAJENDRAN Vs. ILANTHURAI

JUDGEMENT

(1.) The present Second Appeal has been filed by the plaintiff as against the judgment and decree passed by the Principal Sub Court, Mayiladuthurai, in A.S.No.37 of 2004 on 26.07.2006, reversing the judgment and decree, dated 10.07.2003, passed by the Additional District Munsif Court, Mayiladuthurai in O.S.No.420 of 2001.

(2.) Brief facts that led to the filing of the second appeal are narrated as under:-

(3.) Opposing the said claim, a detailed written statement was filed, stating that Rajagopal Padayachy was allotted R.S. Nos.475/2, 475/3 and 475/4. All the three survey nos. were clubbed together as R.S.No.475/2 comprising 1 acre of land. Subsequently, on 09.10.1969, an unregistered exchange arrangement was entered into between Thiyagarajan and Rajagopal and as per the said exchange, R.S.No.475/2, measuring 1 acre was allotted to Thiyagarajan and Rajagopal was allotted R.S.No.474/1, measuring 80 cents and R.S.No.476/1 measuring 43 cents. From the date of the said exchange arrangement, Thiyagarajan and his family members continued to enjoy the land in R.S.No.475/2, measuring 1 acre 4 cents in their own right by raising plantain trees therein. Neither the plaintiff nor his father can lay any claim over the suit property. Without knowing the actual position, the plaintiff erroneously relying upon old partition deed, dated 10.10.1958, filed the present suit, hence, the suit should be rejected.