MUTHAMMAL DIED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE unsuccessful plaintiff before the courts below is the appellant herein.

(2.) DURING the pendency of this appeal, the first appellant/plaintiff died and his legal representative, the second appellant has been brought on record. The plaintiff filed the suit for declaration of title and for permanent injunction in respect of the schedule mentioned suit property. According to the plaintiff she purchased suit first and second items of the properties from his vendor Palaniandi under Ex.A.1, dated 14.1.1945 for a sale consideration of Rs.25/=. In respect of suit third item, he has been in adverse possession since purchase of suit first and second. As the defendants are attempting to take possession of the suit properties, the plaintiff has filed the suit for the reliefs stated as above.

(3.) ACCORDING to the learned senior counsel, it is the admitted case of the parties that the entire suit properties falls under the category of grama natham. As far as natham is concerned, the first occupier of the land is the owner of the land. The plaintiff's possession is admitted by the defendants in their written statement. It is also submitted that since her vendor Palaniandi was the first occupier he had no parent deed in his favour and since the sale consideration is Rs.25/= during 1945, the document was not registered. It is further submitted that P.W.2, attestor to the document Ex.A.1 spoken to the fact that he has attested the document. The evidence of D.W.1 Village Administrative Officer and D.W.2, Surveyor also supports the plaintiff's case.