THANGAM NAIR Vs. KAMALACHI AMMAL

JUDGEMENT

(1.) This intra-Court Appeal has been directed by the appellant against the dismissal of their suit in C.S.No. 4 of 2000 by the learned Single Judge.

(2.) Originally, the suit has been instituted by MKP Nair @ Mangalapalapalli Krishna Pillai Prabakaran Nair(1st plaintiff) seeking a declaration as to his title to the suit property since he has perfected title to it by adverse possession.

(3.) Admittedly, Dr.K.C.S.Pillai, the husband of first defendant, who is also the father of defendants 2 to 4 is the owner of the suit property measuring 2 grounds and 1213 sq.ft., situate in Nungambakkam, Chennai. First plaintiff and Dr.Pillai are known persons. In July 1978, first plaintiff lent Rs.4,00,000/- to Dr.Pillai. In the meanwhile, first plaintiff learnt that Dr.Pillai is planning to go abroad. In the circumstances, on 22.07.1978, first plaintiff, took possession of the suit property. Since then, he and his family members has been in continuous possession and enjoyment of the property. Subsequently, Dr.Pillai passed away. After 21 years of such enjoyment of the property, first plaintiff filed this suit as against the legal heirs of late Dr.Pillai. Pending the suit, since Mr.Nair passed away, his wife and daughter were brought on record as plaintiffs 2 and 3.