M. MARIYAPPAN Vs. K. CHANDRADEVI (DIED)

JUDGEMENT

(1.) The plaintiff in the suit in O.S. No.706 of 2003 (Originally O.S. No. 2904 of 1989) on the file of the Principal Sub-Court, Trichy and the first defendant in the suit in O.S. No.193 of 2000, is the appellant in the above second appeals.

(2.) The case of the plaintiff in O.S.No.706 of 2003 is that he is in possession and enjoyment of the suit property from March 1971 and that he has been paying the property tax etc., as an exclusive owner of the suit property. Though the plaintiff admitted that originally, the suit property belonged to one Padmavathy, the said Padmavathy died in the year 1964 by committing suicide. It is his further case that the suit property which is a residential building was left unoccupied for several years and that no one was prepared to enter into the house, because the suit property was considered to be uninhabitable on account of haunting of ghost.

(3.) The plaintiff in O.S.No.706 of 2003 contended that he negotiated with the legal representatives of the original owner, namely, Padmavathi ammal and prepared to purchase the property. In that context, the appellant pleaded that one Krishnamoorthy had received a sum of Rs. 10,000.00 (Rupees Ten Thousand only) and asked him to take possession of the suit property in March 1971. Though the legal representatives of Padmavathi Ammal had promised to regularize his ownership, they did not execute any sale deed.