UMAYAL Vs. GNANAMANI

JUDGEMENT

(1.) This Second Appeal is preferred against the judgment and decree dtd. 28/4/2011 passed in A.S.No.43 of 2010 confirmed the judgment and decree dtd. 2/9/2010 passed in O.S.No.225 of 2002 on the file of the District Munsif Court, Panruti.

(2.) The plaintiff's case is that the suit property originally belong to the father of the plaintiff namely Duraisamy. The said Duraisamy and his son Pakkiri were granted patta by the Government. The said Duraisamy was in possession and enjoyment of the suit property till his death for more than 60 years and after his demise, the plaintiff is in possession and enjoyment of the suit property till today. Thereafter, Pakkiri also died as unmarried. Therefore, the plaintiff is the only legal heir of both Duraisamy and Pakkiri. So, the plaintiff is the only absolute owner of the suit property.

(3.) While so, the defendant who is an adjacent owner purchased the property from one Munusamy in the year 1992, who was in possession of only 15 feet in East-West and 66 feet in the North-South. But the defendant has purchased the property from Munusamy to an extent of East-West 23 feet. The said Munusamy had right only to execute a sale deed in respect of 15 feet East-West. The defendant took Munusamy to the registrar's office with the pretext of getting a patta and obtained a signatures in the document, which has been admitted by Munusamy on 10/8/1992 before a Village Panchayat. The defendant kept quite for more than 4 years and on 7/9/2002, the defendant came with a group of men and started to dig pit on the southern side of the suit property for constructing a compound wall by removing the hut, where the plaintiff resides with her family without any right or whatsoever. Hence, the plaintiff preferred a complaint before Nellikuppam Police Station. Since it is a civil dispute, the Nellikuppam Police refused to interfere in this matter. Hence, the plaintiff was constrained to file the above suit for declaring the title of the plaintiff in the suit property and for permanent injunction, restraining the defendant from trespassing into the suit property.