RAM MONOHAR Vs. S. RAJAKANI AMMAL

JUDGEMENT

(1.) The defendants are the appellants herein.

(2.) The plaintiffs filed O.S.No.17 of 1998 before the Principal District Munsif, Tuticorin, for declaration of title and consequential permanent injunction. The plaintiffs have shown 1.48 acres in Survey No.154/1A in Agaram Village as first schedule property and another extent of 74 cents in the same survey number as second schedule property. The suit was decreed by the trial Court. The defendants filed A.S.No.61 of 2000 before the Principal District Court, Tuticorin. The learned District Judge was pleased to dismiss the appeal. As against the concurrent findings, the defendants have filed the above Second Appeal.

(3.) The plaintiffs have contended that the suit first schedule property is the ancestral property of one Sudalaimani Nadar who is the husband of the first plaintiff and father of plaintiffs 2 to 6. According to the plaintiffs, the first schedule property is the ancestral property and the plaintiffs are in possession and enjoyment of the said property. The plaintiffs further contended that the second schedule property was purchased by Sudalaimani Nadar under Exhibit A1, dtd. 28/2/1979 from one Bagavath Singh Nadar. The plaintiffs contended that the said Sudalaimani Nadar had died intestate and the plaintiffs are the legal heirs and they are in physical possession and enjoyment of the suit schedule properties. They further claimed title by adverse possession.