M.SEKARAN (DIED) Vs. PALANIAMMAL

JUDGEMENT

(1.) This Appeal Suit is directed against the judgment and decree dtd. 20/10/2014 in O.S.No. 80 of 2011 on the file of the II- Additional District Judge, Salem, in and by which the suit filed by the plaintiffs to declare the title of the plaintiffs in respect of 'B' Scheduled property, for delivery of vacant possession, for a permanent injunction restraining the defendants from in any manner continuing the construction of a building was decreed by the Trial Court. The original defendant has filed this Appeal Suit and since pending the Appeal Suit he had passed away, his legal heirs are brought on record as appellants 2 to 5.

(2.) The case of the plaintiffs is that they are the owners of the suit Schedule 'A' property, they having purchased the same from one R.V.Krishna Prakash, for himself and as a power of attorney, agent for the other co-owners of the property, namely, S.Nirmala Rani, S. Sasikala Rani, and Obu Kanchana Rani, by a registered sale deed dtd. 10/12/1995. 'B' schedule property, which is a part of the 'A'schedule property ad-measuring about 1200 sq.ft, is suddenly trespassed, and unlawfully occupied by the defendant and he started putting up a pucca construction. Therefore, a legal notice was issued on 25/1/2011 to quit and deliver for which there was no positive response, however, the defendant is persisting and is attempting to continue his construction, hence the suit was filed.

(3.) The suit was resisted by the defendants by filing a written statement. The defendant admits the title of the plaintiffs predecessors in title, namely, Nagappa Chettiar and his wife, Palaniammal and Manonmani. The said Nagappa Chettiar and others have permitted and allotted 1200 square feet to the defendants' father, Marimuthu to construct a tiled shed, water tank and to run this avocation, namely, a chicken center in the name and style "Karuppusamy Kozhi Kadai". Thereafter, in the year 1973 the defendant's father also started selling firewood by starting a firewood depot on the said land. Later on, the defendant also joined his father in the business. In the year 2002, they constructed a ferro concrete house and none objected when the construction was made and the defendants, along with their family members, are living in the property and running the said Karuppusamy Kozhi Kadai and firewood depot till date. They are not aware about the title deeds of the plaintiffs. The plaintiffs have not categorically stated as to when the defendants trespassed into the property.