P KALIAPPA GOUNDER Vs. MUTHUSWAMI MUDALIAR

JUDGEMENT

(1.) This appeal arises out of a suit for partition. The defendants in the suit are the appellants. The respondent is the plaintiff. The suit for partition had come to be filed by the plaintiff on the following basis. The suit properties of an extent of 14.25 acres in S. Nos. 371, 373 and 374 of Iluppanatham village originally belonged to two sets of owners, namely, one half to Vellayappa and the other half to Angappa, the father of the plaintiff. The undivided interest of the branches of Vellayappa had been sold in favour of the defendants. For the sake of convenient enjoyment the parties have been in possession of distinct portions. But there was no division by metes and bounds.

(2.) The defendants contested the suit stating in substance that there was in fact a partition arrangement entered into and effectuated several years back and only as per the partition, the parties are in possession of specific portions deliniated by permanent ridges and further the defendants have improved the portion in their occupation and have deepened the well at a cost of more than Rs. 20,000. The defendants also pleaded ouster and perfection of title by adverse possession.

(3.) The plaintiff filed a reply statement contending that the well in S. No. 371 is a common well and that there has been no ouster as contended by the defendants. The plaintiff denied that the defendants did improvements to the tune of Rs. 20,000.