CHINNATHAMBI AND ORS. Vs. RAJALINGAM AND ORS.

JUDGEMENT

(1.) THE second defendant Chinnathambi since deceased filed the present second appeal against the concurrent judgments made in A.S. No. 11 of 1997 and O.S. No. 229 of 1995 in respect of the land measuring an extent of 0.12 cent in S. No. 1/8 in Nachiarpettai village, Mangalampettai Taluk, Kallakurichi Sub Division, Ulundurpettai circle, more fully described in the suit schedule.

(2.) THE suit was filed by the respondents 1 to 4 herein for declaring their title, in respect of the suit property and for recovery of possession of the same from one Singaravel and the second defendant Chinnathambi. During the pendency of the suit, the first defendant Singaravel died and his legal heirs were impleaded as the defendants 3 to 5. According to the plaintiffs, the total extent of 0.66 cent in S. No. 1/8 originally belonged to one Periyapaiyan, Muniyan and Raman and they obtained joint patta in their name in respect of entire 0.66 cent and they partitioned the same among themselves into three shares each measuring 0.22 cent and one share measuring 0.22 cent forming part of the suit property, was allotted to Muniyan, who is the ancestor of the plaintiffs herein. After the partition, all the sharers have been in possession and enjoyment of the same by obtaining patta, chitta and adangal and by paying property tax and the plaintiffs having succeeded to the same, have been in possession and enjoyment of the same. During the first week of August 1989, the defendants trespassed into the portion of the suit property measuring 0.12 cent and put up construction and inspite of panchayat convened in the village, they refused to hand over the encroached portion and they did not even respond to the legal notice issued by the plaintiffs, which compelled the plaintiffs to come forward with the suit.

(3.) BOTH the parties have, in support of their respective claims, examined themselves and their witnesses as PW1 to PW4 and DW1 to DW3 and produced Exs. A1 to A24 and Exs. B1 to B23 documents. The Advocate Commissioner appointed by the trial court submitted his report and plan along with surveyor plan and the same were marked as Exs. C1 to C3 court documents.