GOUNDAPPA GOUNDER Vs. PERIAMMAL DIED

JUDGEMENT

(1.) D-1, D-3 and D-4 in O. S. No. 80 of 1986 on the file of subordinate Judge, Thiruppur are the Appellants. This Appeal is directed against the Judgment and Decree (dated 04. 12. 1989) of the Sub-Judge, Thiruppur in O. S. No. 80 of 1986, passing Preliminary Decree for partition of 1/9th share to the First Respondent / Plaintiff.

(2.) FOR convenience, parties would be referred to as they were arrayed in O. S. No. 80 of 1986 on the file of Sub-Court, Thiruppur.

(3.) ISSUE No. 3 was framed on the plea of Ouster Whether the Plaintiff has been ousted from the enjoyment of the suit properties and whether Defendants 1 and 2 have perfected their title by adverse possession. The burden of proof of plea of ouster is cast upon the Defendants, which they were found to have not established. Hence, the plea of ouster set forth by the defendants was rejected by the Trial Court.