MUTHUPANDIYAN Vs. JABAMANIAMMAL

JUDGEMENT

(1.) Challenging the remand orders passed by the I Additional sub-Judge, Tirunelveli in A.S.No.112 of 2003 and A.S.No.118 of 2003, the present appeals have been filed.

(2.) The appellants in C.M.A.No.893 of 2006 are the defendants in O.S.No.246 of 1992 on the file of the Second Additional District Munsif Court, Tirunelveli. The respondents filed the suit for declaration of title and for consequential injunction. The suit properties consist of two schedule of properties, while the first schedule contains six items of properties the second schedule has only one landed property.

(3.) The case of the Plaintiffs is that originally the suit properties were purchased by one Sudalaimadan and Subbammal by a registered sale deed, dated 28.11.1942. They had three sons and three daughters. The Plaintiffs are wife and son of their eldest son namely Muthu. The defendants are grand- children of Sudalaimadan through one of his daughter. The respondent claims title over the entire property by rule of ouster and by adverse possession. The respondents further submitted that other legal heirs have relinquished their rights and therefore they are the absolute owners of the property.