S RATHINASWAMY Vs. S BHANUMATHI

JUDGEMENT

(1.) THESE Civil Revision Petitions are directed against the order of District munsif, Tiruvarur dated 24-2-2003 in I. A. Nos. 27 to 29 of 2003 in O. S. A. No. 254 of 2000, declining to recall P. W. 2 and to mark certain documents. The plaintiffs are the revision Petitioners.

(2.) THE relevant facts/pleadings necessitated for the disposal of these Civil Revision petitions could briefly be stated thus :-O. S. No. 254 of 2000 :- The plaintiffs are the permanent residents of Thenkarai velangudi Village in Perungudi Vattam. The case of the plaintiffs is that their forefathers owned R. S. Nos. 1, 15, 16 and 17 among other properties. The entries lands in thenkarai Velangudi Village were owned by the plaintiffs ancestors and now by the plaintiffs. The ancestors of the plaintiffs set apart about 15 cents in R. S. 16 now sub-divided as 1/if under UDR and R. S. 16/2 Punja by classification in Perungudi Vattam belonging to them as cremation and burial site and pathway respectively. The plaintiffs have been using it as Cremation Site and Pathway leading to cremation site. They are the patta lands belonging to the plaintiffs and their ancestors. The Mother of the First plaintiff and the plaintiffs younger Brother gnanam were cremated in R. S. 16/1f. The last cremation took place in 1995. There is no public cremation ground in Thenkarai velangudi Village over any poramboke land. There is another Cremation Site in R. S. 6, which is used by Adi Tamizhars in East street.

(3.) FURTHER case of the Plaintiffs is that the First Defendant - a Stranger to thenkarai Velangudi Village and is a permanent resident of Thiruvarur. He claims to have purchased the property from the second Defendant's Daughter Vijayalakshmi. On the strength of the Sale Deed, the first defendant has encroached upon the cremation Ground in R. S. 16/1f and R. S. in or about May 1999. Due to the trespass into the land, the plaintiffs have no cremation Ground nor the place to perform the funeral ceremonies or conduct pooja or graze the cattle. The trespass of the first defendant is liable to be removed. Hence, the plaintiffs have filed the suit to direct the first and third defendant to hand over vacant possession to the plaintiffs.