RAMACHANDRAN Vs. ANGAMUTHU AMMAL

JUDGEMENT

(1.) This second appeal is directed against the judgment of the learned Subordinate Judge, Cuddalore, made in A.S.No.204/92, wherein the judgment of the trial Court in O.S.No.720/88 was affirmed.

(2.) The respondent herein as plaintiff filed the suit for declaration, recovery of possession and damages, alleging that the suit property originally belonged to the plaintiff's father namely Kaka @ Narayanasamy; that he executed a settlement deed in favour of the plaintiff on 20.11.1942; that the plaintiff took possession of the property and has been paying the tax all along; that during her life time, she executed a Will in favour of Sivaprakasam and Padmavathy; that the defendant was a close relative; that she permitted the defendant to be in occupation of the property in the year 1983, and thus, the defendant has been in possession for the past five years; that the plaintiff wanted the same for her own use; that when a demand was made, the defendant refused to hand over the same, which necessitated the plaintiff to file the suit.

(3.) The suit was resisted by the defendant stating that he got into possession of the property in the year 1973; that he raised a thatched house and got electricity service connection; that he has been paying the tax and electricity charges also, and thus, he has acquired title to the property by adverse possession, and hence, the suit must be dismissed.