RAMASAMY Vs. ARUL KUMAR

JUDGEMENT

(1.) The plaintiff in O.S.No.29 of 2009 on the file of the learned District Munsif, Gobichettipalayam is the appellant herein. The respondents are the defendants in the suit. The said suit was filed for declaration of title and for permanent inunction to restrain the defendants from alienating the suit property to the third parties. The trial Court by decree and judgment dated 04.08.2014 dismissed the suit. As against the same, the appellant filed an appeal in A.S.No.24 of 2014 on the file of the learned Subordinate Judge, Gobichettipalayam. By decree and judgment dated 07.03.2015, the First Appellate Court dismissed the appeal thereby confirming the decree and judgment of the trial Court. Challenging the same, the plaintiff/appellant is before this Court with this second appeal.

(2.) The case of the plaintiff is as follows:-

(3.) The first defendant contested the suit claiming that Mr.Lakshmana Asari was not the owner of 14 = cents in the suit Survey No.789/2 as it is claimed by the plaintiff. As a matter of fact, the land was all along in possession and enjoyment of Mr.Muthusamy and therefore, the patta was issued by the Government in the name of Mr.Muthusamy conferring title upon him thus, Mr.Muthusamy had absolute title for the entire 14 = cents. He has further contended that Mr.Muthusamy sold 3 cents to a thirty party and the remaining property was all along in the possession and enjoyment of Mr.Muthusamy and after his demise, his wife, the third defendant and his daughter the fourth defendant had executed a settlement deed in favour of the first defendant who is the grand son of the third defendant and the son of the fourth defendant and thus, according to the first defendant, he is the absolute owner of the property and he has been in possession and enjoyment of the same. It is also stated that the plaintiff and Mr.Rajamani had left the suit village 50 years before and hence, they were never in possession of the suit property.