KRISHNA GOUNDER Vs. ARJUNA GOUNDER

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 31. 03. 2003, passed in A. S. No. 77 of 2001, on the file of the additional District Judge, Thiruvannamalai, confirming the judgment and decree, dated 18. 04. 2001, passed in O. S. No. 997 of 1992, on the file of the II additional District Munsif, Thiruvannamalai.

(2.) THE plaintiff in the suit in O. S. No. 997 of 1992, on the file of the II Additional District Munsif, Thiruvannamalai, is the appellant in the present second appeal. THE plaintiff had filed the suit, praying for a judgment and decree, declaring the plaintiff's title to the suit properties; to direct the plaintiff to take delivery of the suit properties through the process of Court from the defendants 1 to 7; for a direction directing the 8th defendant to effect the transfer of S. C. No. 452 to the Well in s. No. 333/4 in the name of the plaintiff by means of an order of mandatory injunction; for costs of the suit and for other reliefs.

(3.) IT has been further stated that after the death of mannu Gounder, his undivided share in the suit properties and other properties devolved upon his brother Peruma Gounder as per the rule of survivorship. Mannu gounder was issueless and his wife Visalakshi Ammal never enjoyed the suit properties or other properties and she did not inherit the suit properties. The plaintiff had never installed any electric pump set in the suit well and he had never obtained any service connection bearing S. C. No. 452. The plaintiff had never been in possession and enjoyment of the suit properties. Visalakshi Ammal had filed a suit in O. S. No. 490 of 1948, praying for a declaration of title to the suit properties and for recovery of possession on the ground that the defendants therein had trespassed into the suit properties.