S. RATHNAMMAL Vs. MOTTADU

JUDGEMENT

(1.) Plaintiff in O.S. No. 255 of 1983, on the file of District Munsif's Court, Hosur, is the appellant. Suit filed by her is one for declaration of title and for recovery of possession. Brief facts which are necessary for the disposal of the Second Appeal may be summarised as follows: -

(2.) Due to the said enmity, defendants 1 to 4 tried to trespass into the suit property, cut the ridges separating Survey No. 254/2 and Survey No. 254/5 from. Survey No. 254/4 and also tried to illegally occupy the suit land Survey No. 254/5. Plaintiff and fifth defendant, on 4.9.1982, issued a notice warning them not to interfere with their possession and also asserting their enjoyment over the suit lands. A reply was sent on 21.9.1982 by defendants 1 to 4 claiming that the suit properties are then ancestral properties. While so. plaintiff as well as her uncle Narayana Chetty jointly executed a sale deed in respect of a portion of Survey No. 254/5 in favour of one Muniappa Chetty. and the remaining portion is scheduled to the plaint. After the institution of the suit. defendants 1 to 4 forcibly entered into the suit properties.

(3.) After the institution of the suit, plaintiff moved for an injunction. Though interim injunction was granted, it was vacated subsequently. When the injunction application was dismissed, taking advantage of the dismissal, defendants trespassed into the property. The plaint was subsequently amended as one for recovery of possession of the property on the basis of title.