VANNAKILI Vs. BANGARU @ BANGARUSAMY

JUDGEMENT

(1.) This Second Appeal has been filed to set aside the judgment and decree dated 25.03.2014 made in A.S.No.63 of 2010 on the file of the Sub Court, Namakkal, confirming the judgment and decree dated 16.08.2010 made in O.S.No.389 of 2007 on the file of the Principal District Munsif Court, Namakkal.

(2.) The appellant is second defendant, first respondent is the plaintiff and second respondent is the first defendant in O.S.No.389 of 2007 on the file of the Principal District Munsif Court, Namakkal. The first respondent filed the said suit for declaration that suit property belongs to him; for possession from the appellant and for permanent injunction. According to the first respondent, the suit property is grama natham. It was in possession of first respondent and his family members. The first respondent and his brother Duraisamy put up a thatched house in the suit property in the year 1975 and divided the same into two portions. The first respondent was residing in western portion and his brother was residing in the eastern portion. In the year 1980, the first respondent constructed a tiled house in the suit property and obtained electricity connection in his name. In the year 1994, the assignment patta was issued by the Government in his favour. The property tax was assigned in the name of the first respondent and he is paying the property tax and electricity charges. The second respondent who is the brother of first respondent due to difference of opinion with his wife, was residing with the first respondent from the year 1995.

(3.) The second respondent filed written statement and denied all the averments of the first respondent and also denied that he and appellant are living together.