CHINNACHAMY Vs. PERUMAL NAICKER

JUDGEMENT

(1.) The plaintiff in the suit in O.S.No.130 of 2001 on the file of the District Munsif Court, Vedasanthur, is the appellant in this Second Appeal.

(2.) The suit was filed by the plaintiff/appellant for declaration of his title and for a consequential injunction restraining the defendants from interfering with his peaceful possession and enjoyment.

(3.) The case of the appellant, as plaintiff in the suit, are as follows: 3.1. The suit property measuring an extent of 1.97 acres in Survey No. 886 was allotted to the share of the plaintiff's maternal grand father one Vellaiya Naicker and that the said Vellaiya Naicker died leaving behind his son Ramasamy Naicker and the daughter one Sinnakkammal who is the plaintiff's mother. The said Vellaiya Naicker with the consent of his only son Ramasamy Naicker gave the suit property to the plaintiff's mother Sinnakkammal in the year 1946 by an oral gift. The patta for the suit property for Survey No.886 was given in the name of the plaintiff's mother, when she was alive and that after her death, the plaintiff is in enjoyment of the suit property by getting patta and paying kists etc. The suit property was also encumbered by the plaintiff's mother on 07.10.1985 by creating a mortgage. Since the plaintiff's mother Sinnakkammal died in the year 1993, the plaintiff is entitled to title. The plaintiff is in enjoyment of the properties from 1946 and hence, the plaintiff is entitled to declaration and injunction as prayed for.