SAKTHIVEL Vs. MARIMUTHU

JUDGEMENT

(1.) Defendants have focussed the instant Second Appeal challenging the judgment and decree dated 23.3.2005 passed by the Principal Subordinate Judge, Villupuram, in A.S. No. 130 of 2004 wherein and by which the judgment and decree dated 20.01.2004 made in O.S. No. 315 of 2001 on the file of the II Additional District Munsif, Ulundurpet, were reversed.

(2.) The plaintiff filed the suit for declaration of title and for recovery of possession of the suit property.

(3.) The case of the plaintiff is that his father Mottaiya Padayachi purchased the suit property situate in RS. No. 111/1-7 to an extent 60' X 42', from the original owners one Parvathammal and her five sons, on 27.3.1954 and was in possession and enjoyment till his death in 1982. After the death of the Mottaiya Padayachi, the plaintiff being the sole legal heir, was in enjoyment of the suit property. According to the plaintiff, the defendants encroached into the suit property and constructed a house and also obtained EB connection to the suit property without the knowledge of the plaintiff.Therefore, the plaintiff sent a legal notice on 07.07.2001 calling upon the defendant to surrender possession of the suit property for which, according to him, the defendants have sent a suitable reply on 15.7.2001. As the defendants refused to vacate to surrender possession, the suit was filed.