MURUGESA GOUNDER Vs. NARAYANASAMY

JUDGEMENT

(1.) THE unsuccessful defendant in O. S. Nos. 1380 of 1980, 1381 of 1980 and l388 of 1980 in both the Courts below is the appellant in all these three appeals, namely, Second Appeal Nos. 1078, 1079 and 1080 of 1994. The original plaintiff in O. S. No. 1380 of 1980 and 1381 of 1980 Munusamy Gounder whose legal representatives are the respondents herein, has filed the suit in O. S. No. 1380 of 1980 against the defendant/appellant for a declaration in respect of the ownership of A Schedule property comprised in Survey No. 106/1a to the total extent of 1. 12 acres and also for possession in respect of B Schedule property comprised of 22 cents which is formed part of A Schedule property stated to have been encroached by the defendant/appellant. The said suit was filed by the said Munusamy Gounder, who is no one else than the paternal-uncle of the appellant/defendant, on the ground that he purchased the suit property under a sale deed Ex. A. 1 dated 24. 02. 1928.

(2.) LIKEWISE he has also filed O. S. No. 1381 of 1980 for the same relief of declaration and injunction in respect of a 1. 18 acres of land out of the total extent of 1. 54 acres comprised in Survey No. 87/6 stating that the defendant/appellant has encroached 47 cents of land.

(3.) ON the other hand, the defendant/appellant filed O. S. No. 1388 of 1980 for a declaration and possession against the said Munusamy Gounder, plaintiff in the other suit, in respect of 47 cents of land comprised in Survey No. 87/6 and 33= cents of land comprised in Survey No. 106/1a. Both the Trial Court as well as the First Appellate Court on elaborate trial have decreed the suits filed by the Munusamy Gounder and dismissed the suit filed by the defendant/appellant as against which the present appeals are filed.