SIVA SUBRAMANIA NADAR Vs. ARULMIGU PATHIRA KALIAMMAN KOIL

JUDGEMENT

(1.) The defendant in a suit for permanent injunction has preferred the present second appeal challenging the judgment and decree of both the Courts below.

(2.) As per plaint averments, the plaintiff claimed title to the suit schedule properties of 1 acre and 93 cents in Survey No.44/1 on the basis Exs.A1 to A6 sale deeds. According to the plaintiff, the total extent of land covered under Exs.A1 to A6 is 2 acres. In the said 2 acres, patta was granted in favour of the plaintiff temple. 7 cents was acquired by the Government for formation of road. Excluding 7 cents, 1 acre and 93 cents is in possession of the plaintiff temple for which patta has been issued in Patta No.1646. The plaintiff is in possession for over 70 years. The defendant has neither title nor possession over the suit schedule properties. On19.04.1997, the defendant attempted to disturb the possession of the plaintiff. Hence, the present suit.

(3.) The defendant had filed a written statement disputing the title of the plaintiff with regard to 33 cents out of 1.93 acres. According to the defendant, 33 cents belongs to the defendant's family and they are in enjoyment over the same for more than 100 years. The defendant had further contended that for the said 33 cents, a joint patta has been issued in Patta No. 990 and the defendant's family have acquired title by adverse possession.