UNNAMALAI AMMAL Vs. CHINNATHAMI

JUDGEMENT

(1.) The appellant, who is the plaintiff in the suit filed this second appeal against the decree and judgment passed by the Subordinate Judge, Kallakurichi, dated 14.08.2003 in A.S.No.325 of 1996 confirming the judgment and decree passed by the Principal District Munsif, Kallakurichi dated 08.02.1996 in O.S.No.604 of 1993.

(2.) For the sake of convenience, the appellant herein referred as plaintiff and the respondents herein referred as defendants.

(3.) The appellant/plaintiff filed the suit for declaration and injunction. Briefly, the case of the plaintiff is that in a partition effected between Poovayee Ammal and Ammasi Ammal, the suit properties were allotted to the plaintiff's mother Poovayee Ammal and she died 30 years ago. As the plaintiff is the only daughter, who is the legal heir of Poovayee Ammal, the plaintiff is in possession and enjoyment of the suit properties and patta No.621 was also issued on 16.03.1978 in the name of the plaintiff. In the UDR scheme, patta was granted in the name of the plaintiff as patta No.79. In the second item, there is an electric motor from 1988 onwards and the plaintiff is enjoying the suit properties for the past 30 years and she has perfected title by adverse possession also. The defendants have no right or title over the suit properties. The first defendant is the son of one Veerasamy and his first wife namely, Ammasiammal. Defendants 2 and 3 are sons of the first defendant. The fourth defendant is the son of Sennan. Due to enmity, the respondents attempted to interfere with the possession of the properties. Hence, this suit.