VEERAPPA ASARI Vs. M. SUBRAMANI

JUDGEMENT

(1.) The unsuccessful defendant, aggrieved by the concurrent findings of the Courts below, has brought this second appeal. For convenience, the parties are referred to as per their litigative status in the suit.

(2.) The facts in brief leading to the filing of the second appeal are given as under:-

(3.) By filing a detailed written statement, the defendant specifically denied the case of the plaintiff that the entire extent of 'A' schedule property was originally belonging to the plaintiff's joint family and that the plaintiff took over and maintained the same. The defendant further denied the claim of the plaintiff that the patta originally stood in the name of Chellappa Naicker. On the other hand, it was stated that at the time of re-settlement of the suit village, the patta for 'A' schedule property i.e. the land in Survey No.1471/13, measuring an extent of 3.80 acres in Madhavaram Village, Saidapet Taluk, stood in the name of Murugappa Naicker, Seenupillai and Periya Govinda Naicker. The said three persons owned different extent of land covered in Survey No.1471/13, having an extent of 3.80 acres. But at no point of time, the entire extent of 3.80 acres belonged to any single person or single family. It was further stated that neither Murugappa Naicker, who is the maternal grandfather of the plaintiff nor Chellappa Naicker, who is the father of the plaintiff, had purchased any property in the suit village. Therefore, the claim of the plaintiff on the basis of patta obtained in the name of Chellappa Naicker would not confer any title for the entire extent of 3.80 acres in Survey No.1471/13. Further claim of the defendant was that the said Murugappa Naicker or his descendants i.e. the plaintiff and his brothers never possessed or enjoyed the entire extent of 3.80 acres in Survey No.1471/13 at any point of time, hence, the plaintiff's claim of the 'A' schedule property as his joint family property is totally false and untenable in law.