PERIASAMI SERVAI AND KRISHNAN SERVAI Vs. ALAGU SERVAI

JUDGEMENT

(1.) THESE two second appeals arise out of O.S. No, 207 of 1966 filed before the District Munsif of Sivaganga, for a declaration and injunction.

(2.) THERE are two items, which form the suit properties. One is a vacant site, C.C1. B -3, as shown in the plaint rough plan, which is triangular in shape, and the other marked D.D1. B1. B -2. The suit is filed on behalf of the plaintiff and defendants 6 to 9 as ancestral properties. The claim is further based upon adverse possession.

(3.) IN defence, it was contended that the entire property was surveyed as T.S. No. 11 and an extent of 56 cents belonging to the first defendant was "acquired for the formation of the Railway feeder road, C. Cl B3 portion was surveyed as part of Survey No. 48/2 and it belonged to the first defendant. D, Dl B1 B2 portion belonged to defendants 2 to 5. The basis of the defendants' claim is by adverse possession.