SHANMUGAM (DIED) Vs. RAMAR

JUDGEMENT

(1.) The defendant in a suit for declaration of title and permanent injunction has filed the present second appeal challenging the concurrent findings of the trial Court as well as the appellate Court.

(2.) According to the plaintiff, Survey No.62/6 in Allikulam Village, Thoothukudi Taluk and Thoothukudi District is having a total extent cents and it was jointly owned by two brothers namely Chokkan @ Chokkalingam and Ulagamuthu. They have orally partitioned the same and in the said partition, northern portion was allotted to Subramanian @ Subbiah (S/o.Chokkan @ Chokkalingam) and the southern portion was allotted to Kumarandi (S/o.Ulagamuthu). After the death of Subramanian @ Subbiah, the property devolved upon his wife Ayyammal who had alienated her share of 38 cents in favour of the plaintiff under Ex.A1 on 9/9/1996. The southern 38 cents belongs to the defendant. When the defendant attempted to trespass into the northern 38 cents, it has given a cause of action to the plaintiff to file the present suit.

(3.) The defendant had contended that he had purchased northern 30 cents and southern 10 cents in the said survey number from Kumarandi under Ex.B2 on 4/12/1981. The middle portion consisting of 30 cents was purchased by him from one Mariappa Nadar under Ex.B1 on 9/4/1984. Therefore, he is the absolute owner of entire 76 cents in Survey No.62/6. The defendant had further contended that Ayyammal is not the legally wedded wife of Subramanian and therefore, she is not entitled to execute any sale deed in favour of the plaintiff. In fact, the said Subramanian was working in Military and he had never enjoyed the suit schedule property. Therefore, the defendant had perfected title by adverse possession. The present suit has been filed at the instigation of one Subbiah, S/o.M.Irulan who had unsuccessfully filed a suit before the District Munsif Court, Tuticorin.