KOTHANDAN Vs. SUBRAMANIA MUDHALIAR

JUDGEMENT

(1.) THE unsuccessful Defendant in O.S.No.110 of 1994 on the file of the District Munsif Court, Poonamalle, who lost the first appeal in A.S.No.16 of 2006 on the file of the Subordinate Court, Poonamalle has filed the above second appeal.

(2.) FOR the sake of convenience, the parties are referred to as per their ranking in the suit.

(3.) THE suit was contested by the defendant inter alia as follows: THE alleged purchase made under the Sale Deed executed by Alamelu Ammal is denied the extent of 0.52 cents in Survey No.240 is a Gramanatham Promboke Land in 1950 with the consent of one Manali Ramakrishna Mudaliar, the defendant's father encroached into the suit property, during his life time without any hindrance the defendant is the only son of his father he is in possession of an extent of 0.12 cents by putting up 3 shops and 2 houses and the property tax has been levied the defendant is in possession of one shop and has let out the two shops and the two houses he is paying the electricity charges Alamelu Ammal has no title and hence, the plaintiff is not entitled to claim under the sale deed executed by Alamelu Ammal the suit has not been properly valued and proper court fees has not been paid the plaintiff is not in possession of the entire extent of 0.5 cents and the entire extent has been sold by the plaintiff to various persons one of the purchasers from the plaintiff has filed a suit against the defendant in O.S.No.180/2000 and the same is pending the plaintiff has filed the suit suppressing the same and the suit is barred by limitation. On the above said pleadings, the defendant sought for dismissal of the suit.