SIVATHANU Vs. KALIAMMAL DIED

JUDGEMENT

(1.) This second appeal, at the instance of the defendant in O.S. No. 824 of 1974, Principal District Munsifs Court, Nagarcoil, has been entertained on the following substaintial question of law:-

(2.) That suit was resisted by the appellant and Subramonian on the ground that the subject-matter of the suit did not belong to Thanuvan Arumugham, that the partition deeds, dated 28-4-1096 and 24-11-1112 M. E. did not take in the disputed property and further that the appellant and Subramonian were in possession of the different extents of the disputed property in their own right.

(3.) On these rival contentions, the learned Additional District Munsif, Nagarcoil, framed the necessary issues on a consideration of the oral as well as the documentary evidence, found that the claim of the plaintiffs that the property belonged to Thanuvan Arumugham was not made out, that the partition deed dated 28-41096 and 24-11-1112 M. E. did not take in the disputed property, but referred to another survey No. 4154 measuring 3 acres 24 cents, and, therefore, the plaintiffs had not esta-bished their title. The plea raised by the plaintiffs that in the partition deeds relied upon in support of their title, the survey number had been wrongly mentioned as 4154 instead of 4140, was negatived and the disputed property was held not to have been dealt with in the partition deeds dated 28-41096 and 24-11-1112 M. E. Since the plaintiffs had relied upon only the deeds of partition to establish their title and did not produce any other document to show that the property belonged to their father Thanuvan Arumugham, the plaintiffs were held not to have established their title to the suit property. Regarding possession, it was found by the learned Additional District Muni if that the plaintiffs had not established possession of the disputed property. After recording findings on the other issues as well, ultimately, the learned Additional District Munsif found that plaintiffs were not entitled to any of the reliefs. The suit was, therefore, dismissed.