RENGAN Vs. VEERAPPAN; PICHAI

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 31.08.1995 made in A.S.No.15 of 1995 by the Subordinate Judge, Kulithalai, wherein and whereunder the judgment and decree of the trial Court, namely the Court of the District Munsif, Kulithalai dated 31.10.1989 made in O.S.No.414 of 1988 were confirmed.

(2.) The sole defendant in the original suit O.S.No.414 of 1988 on the file of the trial Court is the appellant in the second appeal. The respondents herein, by name Veerappan and Pitchai had filed the original suit O.S.No.414 of 1988 on the file of the Court of District Munsif, Kulithalai for declaration of their title in respect of 0.70.0 hectares of land comprised in Survey No. 274/8B and 0.34.0 hectares of land comprised in Survey No. 198/3A in Pannapatti Village, Kulithalai Taluk shown as items 1 and 2 of the suit properties. They had also prayed for a perpetual injunction against the appellant herein who is their maternal uncle.

(3.) According to the plaint averments, the suit properties originally belonged to the father of the respondents/plaintiffs and after his death, the respondents/plaintiffs got the same as the legal heirs of their father. They had also contended that the suit properties were in their possession and enjoyment and that in any event, they had perfected title by adverse possession.