KUPPURAMA MUDALIAR Vs. KAILASAM

JUDGEMENT

(1.) THE defendant who lost before both the courts below is the appellant herein.

(2.) THE plaintiff filed the suit against the defendant for the relief of declaration and for permanent injunction restraining him from interfering with his possession with reference to the suit property situate in S. No. 145/2, measuring 33 cents. In the plaint, the plaintiff pleaded that he derived title to 9 cents by way of a sale deed dated 19. 3. 1953 and the rest of the extent i. e. , 24 cents is his ancestral property. The plaintiff also claimed title on the basis of adverse possession. The plaintiff admits the title of the defendant in S. No. 145/1 which is situated to the west of the suit property. But he pleaded that the suit property was never in possession or enjoyment of the defendant.

(3.) THE defendant resisted the suit admitting title of the plaintiff with reference to 9 cents, but disputed the title with respect to the remaining 24 cents in S. No. 145/2 contending that the same belongs to him as he had inherited the same from his father Appadurai. The defendant also claimed title by way of adverse possession.