SAKUNTHALA Vs. CHINNAPONNU AND ORS.

JUDGEMENT

(1.) THE plaintiff in O.S. No. 27 of 2008 on the file of the learned District Munsif, Nagapattinam is the appellant herein. The respondents are the defendants in the suit. The suit was filed for declaration of title and for recovery of possession of the land comprised in S. No. 150/17 at Puragramam, Katumavadi Taluk. The extent of the suit property is 2 kulis. The trial Court by decree and judgement dated 22.11.2011, dismissed the suit. As against the same, the appellant/plaintiff filed an appeal in A.S. No. 21 of 2012 before the learned Subordinate Judge, Nagapattinam. The learned Subordinate Judge by decree and judgement dated 18.12.2012 dismissed the appeal thereby confirming the decree and judgement of the trial Court. As against the same, the appellant/plaintiff is before this Court with this second appeal.

(2.) THIS second appeal has come up today for admission. The respondents have also made appearance through learned counsel. I have heard the learned counsel for the appellant and the learned counsel for the respondents and I have also perused the records carefully.

(3.) IN those circumstances, the appellant herein filed the present suit in O.S. No. 27 of 2008 in respect of only 2 kulis out of 8 cents. According to the appellant/plaintiff, as the foster daughter of Mr. Iyyaru and Mrs. Neelatchi Ammal, she has inherited the entire extent of 8 cents in R.S. No. 150/17 of which, Mr. Iyyaru was the absolute owner. Out of the said 8 cents, 2 kulis have been encroached upon by the defendants in the suit, it is alleged. The encroached portion has been shown as "AEFG" in the rough sketch appended to the plaint.