AJIJA BANU Vs. VADIVAMBAL

JUDGEMENT

(1.) The plaintiff, who last the legal battle before both the Courts below, has come forward with this Second Appeal challenging the Judgement and Decree dated 28.10.2002, passed in A.S.No.113 of 2001, on the file of the learned Principal Subordinate Judge, Madurai, by confirming the Judgment and Decree dated 02.02.2001, passed in O.S.No.81 of 2000, on the file of the learned District Munsif, Melur.

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

(3.) The appellant, as a plaintiff filed a suit in O.S.No.81 of 2000 for declaration of title and injunction stating that the suit property is originally belonging to one Rasool Bibi, who is the junior maternal aunt of the plaintiff and her husband is one Mohideen Khan. Since they are not having any child for a long time, they are bringing up and maintaining the plaintiff as their own daughter. After a long time, the second defendant was born to Mohideen Khan and Rasool Bibi. In the year 1969, the plaintiff was married to one Sheik Mohamed. Mohideen Khan has transferred the suit property to the plaintiff as her marriage gift - Hiba. From that date onwards, she took possession and enjoyment of the same by mutation of revenue records and paying the kists. But on 9th June 2000, the second defendant, who is the son of Rasool Bibi and Mohideen Khan attempted to interfere the plaintiff's peaceful possession and enjoyment and hence, she is constrained to file the suit for declaration of title and injunction stating that she is in possession and enjoyment of the suit property on the basis of the oral gift - Hiba and from the date of oral gift, she is in open, continuous and uninterrupted possession of the suit property for more than the statutory period and thereby has perfected her title by adverse possession.