KALIMUTHU(DIED) Vs. THANGAIAH(DIED)

JUDGEMENT

(1.) The Second Appeal is filed against the judgment and decree made in A.S.No.32 of 1998, dtd. 28/4/2000, on the file of Additional District Judge-cum-Chief Judicial Magistrate, Pudukkottai, reversing the judgment and decree made in O.S.No. 1169 of 1988, dtd. 14/7/1997, on the file of Additional District Munsif, Pudukkottai.

(2.) The plaintiff in a suit for declaration of prescriptive title and injunction is the appellant. The suit was decreed by the trial Court only in respect of item No. 2 and 3. The appeal filed by the defendants 2 to 5 was allowed and the suit was dismissed in its entirety by the First Appellate Court. Aggrieved by the same, the plaintiff is before this Court.

(3.) According to the appellant/Plaintiff, the suit property was an ancestral property and he has been in possession and enjoyment of the same for several decades and prescribed title by adverse possession. It was claimed by the plaintiff that in the year 1957, the first defendant attempted to claim title over the suit property by claiming that he had purchased the suit property from Ramasamy Udayar. The said Ramasamy Udayar said to have taken paper delivery of the suit property without disturbing the plaintiff's physical possession and hence, the claim of the first defendant was resisted by the plaintiff. Thereafter, the first defendant handed over his title document and renounced his claim over the suit property. Accordingly, the plaintiff has been in continuous and uninterrupted possession of the suit property for more than the statutory period and prescribed his title. The first defendant and other defendants colluded together and brought about sham and nominal documents of sale, as if the first defendant sold the suit property to the defendants 2 to 4 and the same will not have effect in law. The defendants made an attempt to interfere with the plaintiff's possession over the suit property and hence, he was constrained to file the suit for declaration of adverse title and for consequential injunction.