CHINNA NACHIAPPAN Vs. PL LAKSHMANAN

JUDGEMENT

(1.) THIS appeal is directed as against the judgment and decree dated 28.09.1995 in A.S.No.56 of 1994 on the file of the Subordinate Judge, Devakottai, reversing the judgment and decree dated 11.07.1994 in O.S.No.461 of 1990 on the file of the District Munsif, Devakottai.

(2.) THE parties are referred to hereunder as they were arrayed before the trial Court.

(3.) DURING Survey and Settlement, a joint patta No.22 was issued in the name of Nachan, Saminathan, Nachiappan (plaintiff's great grandfather) and one Peri.Nachiappan and all those persons died long ago well before the village Managiri Sokkanendal, was taken over by the Government under the Estates Abolition Act. Other than the plaintiff's grandfather, others had no right in the property. Except the plaintiff and his ancestors, other had no right in S.No.56. There was a registered partition deed dated 22.02.1985 relating to those properties and in that partition, the suit property was allotted to the plaintiff. Based on that partition, the Deputy Tahsildar, Karaikudi passed orders on 27.10.1986 sub-dividing S.No.56 into five portions. The suit property belonged to the plaintiff, was assigned S.No.56/2 measuring Hec.5 18.0 ares. Subsequently, the first defendant and others applied to UDR Tahsildar as though they have right over S.No.56 by making misrepresentations about some civil suits pending.