MARITHOMANI Vs. CHINNATHAMBI

JUDGEMENT

(1.) The second defendant in O.S.No.424 of 2005 on the file of the learned Principal District Munsif, Ulundurpet, is the appellant herein. The plaintiff in the suit is the respondent herein. The first defendant one Mrs.Radha was not impleaded as a party in the first appeal and consequently, in the second appeal also. The suit was filed for recovery of possession of the 'C' Schedule property measuring 20 cents. By decree and judgment dated 17.11.2011, the trial Court dismissed the suit. As against the same, the plaintiff filed an appeal in A.S.No.13 of 2012. By decree and judgment dated 23.10.2013, the lower Appellate Court allowed the appeal and decreed the suit as prayed for. As against the same, the second defendant is before this Court, with this second appeal.

(2.) This second appeal has come up today for admission. I have heard the learned counsel for the appellant and the learned counsel for the respondent and also perused the records carefully.

(3.) The admitted case of the plaintiff is that the first defendant was the owner of the entire extent of 1.95 acres comprised in survey No.171/9 at Sendhamangalam Village, Thirunavalur, Cuddalore District. One Venkatesan purchased the land of an extent of 1 acre from the first defendant, by means of a registered sale deed dated 04.3.1993. Subsequently, Venkatesan sold the same to the plaintiff, by way of registered sale deed dated 04.6.1999. Thereafter, the plaintiff purchased 33 cents from the first defendant, by means of yet another sale deed dated 06.8.1999. Thus, according to the plaintiff, he has purchased an extent of 1.33 acres with the specified four boundaries in survey No.171/9 and from that time onwards, he was in possession and enjoyment of the same.