O.N.RAJU Vs. K.KRISHNAN

JUDGEMENT

(1.) Civil Miscellaneous Appeal has been filed questioning the Judgment dtd. 6/8/2018 passed by the learned Sub Judge, Coonoor, in A.S.No. 33 of 2017 which Appeal Suit had been filed by the defendant in O.S.No. 68 of 2008, which suit had been decreed by the District Munsif, Kotagiri, by Judgment dtd. 10/11/2018.

(2.) O.S.No. 48 of 2002 was filed originally before the District Munsif, Kotagiri, by K.Krishnan against the defendant O.N.Raju, seeking a Judgment and Decree that the plaintiff is the absolute owner of the plaint schedule property and for consequential injunction restraining the defendant from interfering with peaceful possession. There were two items of suit properties. The 'A' schedule property measured 38 16 acres and out of that total extent the land conveyed was 0.13 cents situated in Denad Village in S.No. 74/2A1 in Kotagiri, Nilgiris District. The 'B' schedule property measured 4.74 and out of that total extent the land conveyed was 0.07 cents and it was also situated in Denad Village in S.No. 72 again in Kotagiri, Nilgiris District.

(3.) In the plaint, it had been stated that the properties originally belonged to one J.Matha Gowder, the father of the vendor of the plaintiff. He was in possession and enjoyment of the suit property along with other family properties. It then came to be possessed by the joint family constituting the vendor of the plaintiff J.M.Krishnan and his two brothers J.M.Nanjan and N.M.Bellan. The said J.Matha Gowder, the original owner died in the year 1985. Thereafter, J.M.Nanjan the brother of the vendor of the plaintiff, also passed away in the year 1995. There was a partition between J.M.Krishnan and J.M.Bellan on 3/9/1994. The plaintiff claimed that he become the absolute owner of the suit properties by virtue of two sale deeds both dtd. 7/12/2001 registered as Document Nos. 1562 and 1702 of 2001 respectively before the Sub Registrar, Kotagiri and executed by J.M.Krishnan.