LAWS(MAD)-2015-11-163

CHINAPPAPPA AND ORS. Vs. RAJENDRAN AND ORS.

Decided On November 25, 2015
Chinappappa And Ors. Appellant
V/S
Rajendran And Ors. Respondents

JUDGEMENT

(1.) Challenging the fair and decreetal order passed in I.A.No.57 of 2011 in A.S.No.59 of 2010 on the file of the Principal Subordinate Court, Krishnagiri, the plaintiffs in O.S.No.330 of 2007 have filed the above Civil Revision Petition.

(2.) The plaintiffs filed the suit in O.S.No.330 of 2007 for declaration, permanent injunction or in the alternative for recovery of possession. The defendants filed their written statement and contested the suit.

(3.) In the written statement, in paragraph no.6, the 1st defendant has stated that the father of the 1st defendant died about 33 years ago. Further, in paragraph no.7, the 1st defendant has stated that the defendants 1 to 3 are in possession of the lands in Survey No.268/1 measuring an extent of 2 acres without any interruption and to the knowledge of the plaintiffs and other villagers. That apart, in paragraph no.11 of the written statement, the 1st defendant has stated that the 1st defendant and his brothers have been in possession and enjoyment of the said lands for more than 20 years and the plaintiffs are not entitled to claim any right or title over the said lands.