GANESA PILLAI Vs. ANJAPPAN

JUDGEMENT

(1.) THE unsuccessful defendant in O.S.No.310 of 2002 on the file of the District Munsif Court, Nagapattinam, who was successful in the suit but was unsuccessful in A.S.No.36 of 2006 on the file of the Sub Court, Nagapattinam, has preferred the above second appeal.

(2.) FOR the sake of convenience the parties are referred to as per their ranking in the suit.

(3.) THE said suit was contested by the defendant interalia contenting that the entire extent of 2.74 acres in Survey No.369/1 originally belonged to the defendant's father-Muthuswamy Pillai and thereafter to the defendant and the defendant is in possession and enjoyment of the same it is not correct to state that the father of the plaintiffs was granted for patta in respect of an extent of 1.00 acre and he was in possession of the same at the request of the father of the plaintiffs, the defendant's father paid a sum of Rs.1,000/- towards the sale consideration and hence the father of the plaintiffs entrusted possession of 1.00 acre purchased by him to the defandant's father Muthuswamy Pillai had married the sister of Appaswamy Pillai and hence no document was got executed Patta No.111 was issued in the name of Muthuswamy Pillai in respect of the entire extent of 2.74 acres patta No.108 was issued in respect of an extent of 7.12 acres in favour of Appaswamy Pillai neither the plaintiffs nor their father have got any right or possession over the suit property the prayer in the suit O.S.No.99 of 1986 came to be dismissed only on the ground that patta had not been issued in favour of Muthuswamy Pillai in respect of the entire extent and the suit has been paid without seeking declaration of title and for the sake of convenience only east-west ridge has been laid by the defendant the plaintiffs' father have no right or possession over the property hence the suit is liable to be dismissed.