VANAJATCHIAMMAL (DIED) Vs. SEENIVASAN

JUDGEMENT

(1.) The defendant is the appellant before this Court challenging the Judgment and Decree of the Subordinate Judge, Gudiyattam, in A.S.No.4 of 2017, in and by which, the learned Judge has reversed the Judgment and Decree of the District Munsif, Gudiyattam in O.S.No.99 of 2009. It is necessary to elude to the facts of the case preceding the filing of this second appeal in order to appreciate the objection to the Judgment and Decree under appeal. While so doing, the parties are referred to in the same array as before the Trial Court.

(2.) The plaintiff had filed O.S.No.99 of 2009 on the file of the District Munsif's Court, Gudiyattam, to declare his title to the property and for a permanent injunction restraining the defendant, her men, servants, agents, etc., from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property. It is the case of the plaintiff that the suit property and other properties belonged to his father Naduppivadan @ Chinnappa Naidu (hereinafter, referred to 'Chinnappa Naidu'). The properties had fallen to his share under an oral partition. On 28/12/1978, the Chinnappa Naidu executed a Will bequeathing the suit property to the plaintiff. In the year 1980, the said Chinnappa Naidu died and the Will came into force. The plaintiff would submit that he has his house abutting on the eastern side of the suit property and the suit property was used as front courtyard by the plaintiff. The suit property and the plaintiff's property form an inseparable unit. While so, the defendant, who is an utter stranger to the property started to claim title over the same. In the first week of February, 2009, she had attempted to unlawfully take the possession. In view of the above, the plaintiff was constrained to issue a legal notice dtd. 9/2/2009, but however, there was no response to the same. Therefore, left with no other alternative, the plaintiff has come forward with the suit in question.

(3.) The suit property has been described as a vacant site in Bakkalapalli Village within the following boundaries :-