M GANESA REDDIAR Vs. C KRISHNASAMY RAJU

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree dated 23.08.2005, made in A.S.No.11 of 2004, on the file of the Subordinate Judge, Ponneri, confirming the judgment and decree, dated 30.01.2004, made in O.S.No.403 of 1993, on the file of the District Munsif, Ponneri.

(2.) FOR the sake of convenience the parties in the appeal are referred to as they have been arrayed in the suit in O.S.No.403 of 1993.

(3.) THE defendant had filed a written statement denying the claims made by the plaintiff. THE defendant had stated that the sale deed, dated 11.04.1977, said to have been executed by Kanniah Raju, his wife and son, in favour of the plaintiff is not binding on the defendant, since the vendors in the said sale deed had no title over the suit property to convey the same to the plaintiff. THE vendors of the plaintiff had not been in possession and enjoyment of the suit property at any point of time and they had no right to sell the said property in favour of the plaintiff. It was also stated that Munusamy Raju, is not the owner of the property. Munusamy Raju, who is the brother-in-law of Chinnaswamy Raju, the father of the defendant, was living with the defendant and his father and he was cultivating the suit lands for their benefit. THE property mentioned in the plaint schedule was acquired by the defendant's father, Chinnaswamy Raju, with his own funds and he has been in possession and enjoyment of the same for a very long time. THE defendant and his father have been paying the kist for the land and they have been deriving the benefits from the land for nearly five decades.