SINGARAM Vs. LEELAVATHI ACHI

JUDGEMENT

(1.) THE defendant in the original suit is the appellant in the Second appeal. The respondent/plaintiff had filed the Original Suit on the file of the district Munsif, Aranthangi for the following reliefs.

(2.) IT was the contention of the respondent/plaintiff before the trial Court that the suit property had been mortgaged under a 'othi' deed to one muthukaruppan Ambalakaran and the said mortgagee permitted the appellant/defendant to put up a small house therein and reside in the said house. With the further contention that the mortgage debt got wiped out under the Tamil Nadu Debt Relief Act (of which year has not been mentioned), the respondent/plaintiff had filed the said suit for the above mentioned reliefs.

(3.) THE suit was resisted by the appellant/defendant denying the plaint allegation that he was in possession and enjoyment of the suit property with the permission of the mortgagee and that he was there in possession and enjoyment of the property openly for more than fifty years on his own right and that his possession would amount to an adverse possession against the respondent/plaintiff. The appellant/defendant had also contended that the suit as framed was not maintainable because the original mortgagee was not made a party. It was also contended that the suit was barred by limitation.