RAMANATHAN Vs. SELVARAJ

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) The plaintiff filed O.S. No. 342 of 1988 before the District Munsif Court, Pattukkottai for declaration of title and recovery of possession. The said suit was dismissed by the trial Court. The plaintiff had filed A.S. No. 3 of 1999 before the Subordinate Court, Pattukkottai. The learned Subordinate Judge was pleased to confirm the judgment and decree of the trial Court and dismissed the appeal. As against the concurrent findings, the plaintiff has filed the above second appeal.

(3.) The plaintiff had contended that the first item of the suit schedule property originally belonged to the plaintiff's father Saminatha Iyer and his brother Venkatrama Iyer. After the death of Venkatrama Iyer, the property devolved upon his son Narayanasamy Iyer. Hence, the plaintiff's father Saminatha Iyer and Narayanasamy Iyer entered into an oral partition, in which, the northern 33 cents of the first item was allotted to the share of plaintiff's father Saminatha Iyer. He has planted Coconut saplings and he was in enjoyment of the suit schedule properties. The plaintiff is the only legal heir of the said Saminatha Iyer and hence, after his father's death, he is enjoyment of the suit schedule properties after mutating the revenue records in his favour.