EXECUTIVE ENGINEER Vs. K.S.D. RAJENDRAN

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree dated 21.12.1993 in O.S.No.27 of 1992 on the file of the Subordinate Judge, Ramanathapuram.

(2.) THE parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

(3.) THE quintessence of the case of the plaintiff as stood exposited from the records could be portrayed thus: The suit property described in the schedule of the plaint situated in Kattuparamakudy, formerly an under tenure estate of Kattuparamakudy. Originally, Velusamy Thevar was the owner who by virtue of his Will dated 8.9.1924, bequeathed the village of Kattuparamakudi and other properties in favour of the plaintiffs mother R.Muthathal Nachiar, who in turn by virtue of will dated 25.6.1959, bequeathed her property in favour of the plaintiff. The suit property is a vacant land and the plaintiff has been enjoying it by himself and through his predecessor for over the statutory period and thereby acquired title by prescription and adverse possession as against the defendants and others. The plaintiff has been enjoying the lands by leasing it out to others and also by using it for storing materials and parking transport vehicles. Recently the said suit property was came to be registered in the Government records as Government vacant land. Thereupon the second defendant herein, the Executive Engineer, P.W.2 had put up a building in a portion of the suit property for hospital purpose. The defendants being the Government officials are trying to dispossess the plaintiff from the suit property. Hence, the suit.