RANGNATHA PADAYACHI Vs. SEETHALAKSHMI

JUDGEMENT

(1.) THE defendant is the appellant before this Court. As against the judgment and decree passed by the First Appellate Court, this Second appeal has been filed.

(2.) THE suit O. S. No. 472/1989, on the file of the District Munsif Court, panruti, filed is for declaration and permanent injunction in respect of the suit property, restraining the defendants from interfering with the possession of the plaintiff. It is submitted that the plaintiff filed O. S. No. 331/1951 against his father and one Dhanavel and obtained a judgment and decree against his father and another, namely, dhanavel on 8. 9. 1951, in the said suit. On 10. 4. 1953, the plaintiff obtained possession by filing E. P. In July 1989, it is stated that the defendants attempted to interfere with the possession of the plaintiff in the suit property. Therefore, the present suit was filed for the above reliefs.

(3.) THE said submissions were resisted by the defendants by filing a written statement. It is stated that on 9. 10. 1948, the plaintiffs father dhayalu Padayachi executed a sale deed in respect of the suit property to one Dhanavelu and the said Dhanavelu was enjoying the property jointly with his brother Thillai Govindha Samuttiyar (defendant's father) and two others. It is also stated that in 1950 there was oral partition among the brothers and the suit property was allotted to one arumugam, another brother. The said Arumugam sold the property to one Thayalan on 5. 9. 1951 under Ex. B-2. The said Thayalan sold the suit property to one Ramachandra Nainar on 8. 9. 1961. It is further seen that Ramachandra Nainar gave possession of the suit property to his brother-in-law, Thillai Govinda Samuttiyar (defendant's father) as the former was living in another place. Thillai Govinda Samuttiyar enjoyed the suit property up to 1983. Thereafter, the defendant and his brothers as legal heirs were in continuous possession of the same for a long period. Therefore, they have claimed adverse possession over the suit property.