SATHRUPPA NAICKER Vs. RAMASAMY

JUDGEMENT

(1.) Having failed in both the Courts below, the plaintiffs have preferred this Second Appeal against the concurrent dismissal of their suit for declaration of their alleged title to the suit property and for possession thereof.

(2.) The 11th defendant is one Sri Sivaramasubbu Swami Madalaya Kalvi Kazhagam represented by its President and the other defendants are said to be members of the said Kazhagam. All the said defendants are respondents herein. Both the courts have held that the 11th defendant has perfected title by adverse possession to the suit property, it being in adverse possession right from 1944.

(3.) The suit property admittedly originally belonged to one Ramasamy the husband of one Parakkammal and the father of one Uthiammal. After the death of Ramasamy the said Parakkammal and Uthiammal were in possession of the property. Admittedly Parakkammal died in 1911 and Uthiammal, the daughter of Ramasamy died in 1932. Both of them were only life estate holders after the death of Ramasamy and while both of them were alive, they executed Ex. A-1 settlement deed dated 20-2-1911 in favour of Sivaramasubbu Samiyar Samadhi. The 1st plaintiff is son of one Venkatasami Naicker, who is son of the brother of abovesaid Ramasamy and the 2nd plaintiff is son of one Sathurappa Naicker, who is the son of yet another brother of the abovesaid Ramasamy, both the plaintiffs have claimed the suit property as reversioners after the death of the abovesaid female life estate holders Parakkammal and Uthiammal. Their claim is that the abovesaid Ex. A-1 settlement is void and the Courts below also have concurred with their claim and held that the said settlement is void.