KARUTHAMMAL Vs. SIVANAMMAL

JUDGEMENT

(1.) The defendant is the appellant herein.

(2.) The plaintiff filed O.S.No.140 of 1998 before the District Munsif Court, Tirumangalam for declaration of title and permanent injunction. The trial Court partly decreed the suit. As against the same, the plaintiff filed an appeal. The First Appellate Court reversed the judgment and decree of the trial Court and decreed the suit in entirety. As against the same, the present second appeal has been filed by the defendant.

(3.) The plaintiff had contended that the suit schedule property having an extent of 2.32 acres in Suvey No.25/1A2 belongs to the family of the plaintiff absolutely. According to the plaintiff, it was originally enjoyed by her father and thereafter, she is in possession and enjoyment of the same. The plaintiff further contended that she was granted patta in the year 1977 and again in the year 1988 during UDR proceedings. The plaintiff further contended that she is in possession and enjoyment of the entire suit schedule property for more than the statutory period and thus, she has acquired title by adverse possession. The plaintiff further contended that the defendant has no manner of title or possession over the suit schedule property and she is unnecessarily disturbing her possession.