U MUNIYANDI Vs. PRINCE AIYA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been directed against the Judgment and Order of remand dated 18.04.2002 passed by the Principal District Judge, Nagapattinam in A.S.No.129 of 2001.

(2.) THE appellant herein, U. Muniyandi had filed the original suit O.S.No.75 of 1999 on the file of Principal Subordinate Judge, Nagapattinam for the relief of declaration and recovery of possession. A prayer for mandatory injunction for the removal of the superstructure was also incorporated in the plaint, if at all it was found that there was such a superstructure. All the respondents herein were arrayed as the defendants in the said suit. A.Muniyandi (since deceased) and Prince Aiya (first respondent herein) who had been arrayed as the 2nd and 7th defendants respectively alone contested the suit by filing separate written statements. THE 2nd defendant claimed title by virtue of the provisions of the Tamil Nadu Kudiyiruppu Act, 1971 besides denying the plaint allegations. THE first respondent herein/7th defendant is the purchaser of the suit property from the father of the 2nd defendant having purchased the same under a registered sale deed dated 27.10.1997. THE first respondent herein/7th defendant, besides making averments similar to those made by the 2nd defendant, also contended that he had perfected title by adverse possession to the suit properties. All other defendants remained exparte.

(3.) THE said judgment of the lower appellate Court and order of remand is challenged by the appellant herein/plaintiff in this civil miscellaneous appeal on various grounds set out in the memorandum of appeal.