JEEVA Vs. P. K. SUBRAMANIA GRAMANI

JUDGEMENT

(1.) The plaintiffs/legal representatives of the plaintiffs in O.S. No. 205 of 1981 on the file of the Principal District Munsif Court, Poonamallee are the appellants herein.

(2.) O.S. No. 205 of 1981 had been filed for recovery of possession of vacant land measuring about 7 acres and 44 cents in S. Nos. 12/5, 102/1A, 102/2, 102/4, 112/1 and 15/1 (totally 6 items) included in patta No.34 at Paleripattur, Sriperumbur, Chengalpattu District. The suit was decreed by judgment dated 07/02.1983. Questioning that judgment, the defendant had filed A.S. No. 113 of 1983 before the II Additional Subordinate Court, Chengalpattu. By judgment dtd. 22/12/1983, the appeal suit was allowed, and the judgment in O.S. No. 205 of 1981 was set aside and the suit was dismissed. This necessitated the plaintiffs/legal representatives to file this second appeal. The second appeal had been admitted on the following two substantial questions of law :

(3.) The suit was filed by the plaintiffs for recovery of possession of vacant land measuring about 7 acres and 44 cents in S. Nos. 12/5, 102/1A, 102/2, 102/4, 112/1 and 15/1 (totally 6 items) included in patta No.34 at Paleripattur, Sriperumbur, Chengalpattu District. The plaintiffs claimed that the lands are their joint family property, and that the defendant, who was the husband of the step sister of the 1st plaintiff was permitted to be in occupation, since he was a resident of that village. They claimed that he filed O.S. No. 587 of 1966 before the District Munsif Court, Poonamallee for declaration of title and for permanent injunction to protect protection. That suit was dismissed and the resultant appeal in A.S. No. 35 of 1970 was also dismissed by the Sub Court, Chengalpattu. The plaintiff alleged that the defendant indulged in committing waste to the suit land, and therefore issued notice terminating permission and then filed the suit for recovery of possession.