DURAISAMI ALIAS R NATARAJAN Vs. M VELLINGIRI

JUDGEMENT

(1.) THE unsuccessful defendant before the courts below is the appellant in this second appeal. THE Plaintiffs/respondents herein have filed the suit in O.S. No. 1228 of 1983 on the file of District Munsif, Coimbatore for declaration to declare their right and title in respect of item No.2 of the suit property, directing the defendant to deliver vacant possession of the said item of the property and for costs. THE said suit was decreed as against which the appellant herein has filed A.S. No. 111 of 1993 which was also dismissed, hence, the present second appeal.

(2.) FOR the sake of convenience, the parties shall be referred to as they were arrayed in the suit.

(3.) THE trial court, after considering the oral and documentary evidence found that the suit property originally belonged to Marudachala Gounder, who purchased the same under Ex.A1, sale deed dated 22.11.1931 from one Appu @ Nanjappa Gounder for a valid consideration and ever since the date of purchase, he was in possession of the same by paying taxes and charges to the authorities concerned that under Ex.A2, the said Marudachala Gounder has executed a mortgage deed in favour of Dr. Natesan which was subsequently redeemed by the plaintiffs that Exs. A4 to A13 tax receipts prove that the plaintiffs are the owners of the suit properties that Ex.A14 is the death certificate of Marudachala Gounder. THE said documents prove that after the death of Marudachala Gounder in the year 1948, the plaintiffs succeeded his estate as his legal heirs that the defendant claimed that item No.2 of the suit property was given by his father to his mother, for which, no evidence was let in by him that the averment that the defendant was in possession of the suit property for more than 30 years and perfected his title by adverse possession is also not proved by letting any valid evidence that in Ex. B1, radio licence the name of the defendant is not found mentioned and Ex.B2, family card no way support the case of the defendant and decreed the suit.