PARVATHY THILAGAM Vs. ENGASAMY NADAR(DIED)

JUDGEMENT

(1.) The plaintiff, who last the legal battle before both the first appellate Court, has come forward with this Second Appeal challenging the Judgement and Decree dated 29.04.2002, passed in A.S.No.90 of 2000, on the file of I Additional Subordinate Judge, Nagercoil, by reversing the Judgment and Decree dated 14.09.1998 passed in O.S.No.889 of 1985, on the file of the Principal District Munsif, Nagercoil.

(2.) Heard the learned counsel for the appellants and the learned Counsel for the second respondent and perused the materials available on record.

(3.) The appellants as plaintiffs filed a suit for declaration of title and recovery of possession by stating that the plaintiffs' mother Chinnammal is the owner of the property. She obtained the property under a gift deed dated 10th Karthikai 1118 M.E. (1942). After the gift deed, the various parties entered into an oral partition and specific partition was allotted to the plaintiffs' mother and mutation has been effected in favour of Chinnammal. She was allotted two plots and was paying land tax. The first defendant is a close relative of this Chinnammal. On 25.09.1949, Chinnammal received a sum of Rs.1,000/ - from the first defendant and allowed him to cultivate the land. Chinnammal was all along paying the kist. She died on 16.01.1985 leaving behind the plaintiffs as her legal heirs. When the plaintiffs demanded the first defendant to surrender the possession of the property on receipt of Rs.1,000/ -, the first defendant agreed to receive the amount and to surrender on taking the yield of Kumbom crop. But he has not handed over the possession. After issuance of notice, the plaintiffs have filed the suit for declaration of title and recovery of possession and also for mesne profits for use and occupation.