S DOSS Vs. VANATHAYYA

JUDGEMENT

(1.) THESE appeals are focussed against the judgment and decree dated 31. 7. 2000 passed in O. S. No. 10219 of 1996 by the II Additional Judge, City Civil Court, Madras.

(2.) BRIEFLY but broadly, precisely but narratively, the case of the plaintiff, as stood exposited from the plaint could be portrayed and parodied thus:-The deceased Santhanasamy-the father of the plaintiff and defendants and his brother jointly purchased the suit property comprised of the plot and the house situated thereon during the year 1925 from out of the joint funds. Subsequently, Santhanasamy acquired the half share of his brother also during the year 1928 for valid consideration. Thereafter, Santhanasamy and his son-the plaintiff Vanathayya contributed jointly for raising a pucca construction on the above said property.

(3.) REMONSTRATING and gainsaying the allegations/averments in the plaint, D1 filed the written statement, setting out various averments, the warp and woof of them would run thus:-The disposal of the second appeal No. 32 of 1982 by the High Court was on technical grounds, which would not enure to the benefit of the plaintiff. Even in the year 1975, when D1 filed the suit for declaration of his title, he had perfected his title by adverse possession. Neither Santhanasamy nor the plaintiff is the owner of the suit property. Accordingly, D1 prayed for the dismissal of the suit.