RAJAMANICKAM Vs. RAMAYI

JUDGEMENT

(1.) THE second appeal has been filed against the judgment and decree, dated 1.7.1996, made in A.S.No.5 of 1996, on the file of the Sub-Court, Bhavani, confirming the judgment and decree, dated 27.3.1985, made in O.S.No.1 of 1988, on the file of the District Munsif Court, Bhavani.

(2.) THE defendant in the suit O.S.No.1 of 1988, is the appellant in the present second appeal. THE plaintiff had filed the suit in O.S.No.1 of 1988, on the file of the District Munsif Court, Bhavani, praying for a decree of declaration of title, possession and for past and future mesne profits.

(3.) THE plaintiff had issued a notice to the defendant for recovery of possession. However, the defendant had issued a reply notice claiming title over the suit properties by adverse possession. THE defendant does not have any title by adverse possession as claimed by him. THE defendant had again filed a second appeal before the High Court at Madras. THE defendant had not paid any rent with regard to the suit properties and the defendant has no title by adverse possession. When the title to the suit properties is vested with the plaintiff, the defendant cannot claim adverse possession. THErefore, the plaintiff had claimed damages for use and occupation for a period of three years prior to the filing of the suit at the rate of Rs.25/- per month and that the plaintiff is also entitled to mesne profits from the date of the suit till the delivery of possession.