S. RAMJAN BEEVI Vs. K. NALLAMOHAMMED

JUDGEMENT

(1.) The Defendant in O.S.No.277 of 1995 on the file of the District Munsif Court, Sivagangai, is the appellant in this second appeal. The respondent in this appeal, as plaintiff, has filed a suit in O.S.No.277 of 1995 on the file of the District Munsif Court, Sivagangai for declaration declaring the plaintiff's title to the suit property and for consequential injunction restraining the defendant from putting up any construction in the suit property. Though the suit was originally filed for an extent of 45 feet East-West and 42 feet North-South, with reference to specific boundaries, the plaintiff realizing that he is only entitled to half of 42 feet North-South, filed a petition for amendment restricting his prayer from the declaration in respect of an extent of 45 feet East-West and 21 feet North-South. Since the defendant has admittedly put up a construction in respect of a portion of the property, which is claimed to be the property of the plaintiff, the plaintiff also amended the prayer in the suit to include the prayer for mandatory injunction to remove the construction put up by the defendant encroaching into the suit property.

(2.) It is not in dispute that the plaintiff claims title to the suit property, on the basis of three documents, namely, Ex-A1, Ex-A2 and Ex-A3. Ex.A1 is the sale deed dated 22.08.1941, executed by one Mohamed Meera Ravuthar, S/o.Chinnathambi Ravuthar, in favour of his daughter one Mohammed Ayiesha, wife of Mohideen Musabar. Ex- A2, is the settlement deed, dated 16.06.1947, executed by one Mohideen Musabar, S/o. Syed Ibrahim Ravuthar in favour of his third wife one Katharpathammal, D/o.Musabar Ravuthar. Ex-A3 is the sale deed dated 10.12.1976, executed by the said Katharpathammal in favour of the plaintiff. In this case, it is not in dispute that the suit property and the property which is on the southern side, originally belonged to one Mohamed Meera Ravuthar. The sale deed, under Ex- A1 was executed by him. Total extent of land measuring 45 feet East-West and 42 feet North-South was referred to as the property owned by Mohamed Meera Ravuthar in Ex.A1. Out of this, the northern half measuring 45 feet East-West and 42 feet North-South was sold to his daughter Ayiesha Beevi. It appears that the said Ayiesha Beevi is also the second wife of Mohamed Musabar Ravuthar. The property purchased in the name of Ayiesha Beevi was conveyed in favour of one Katharpathammal, the third wife of Mohamed Musabar Ravuthar under the settlement deed Ex.A2 dated 16.06.1947. However, the said Katharpathammal, sold the property, measuring 45 feet East-West and 42 feet North-South. This property though refers to the whole property owned by Mohamed Meera Ravuthar, the sale deed is valid only to the extent of northern half which was sold by Mohamed Meera Ravuthar, in favour of his daughter Ayiesha Beevi under Ex-A1. This position was conceded by the plaintiff and therefore, the plaint was amended, restricting the plaintiff's claim to the extent of 45 feet East West and 21 feet North-South.

(3.) Even in the plaint, the plaintiff admitted that the total property available on ground is only 45 feet East-West and 31 1/2 feet North-South. The defendant claims title in respect of southern side of an extent of 45 feet East-West and 21 feet North-South under Ex-B1 to Ex-B3. Ex.B1 is the sale deed, dated 20.02.1998, executed by one Saraswathi, W/o.Anguchamy Servai and her Minor children in favour of the defendant. This sale deed is in respect of South-East portion of the property measuring 23 feet East-West and 21 feet North-South. Ex.B2 is the sale deed dated 05.11.1984, executed by one Allapitchai, S/o Ibrahim Ravuthar and Ayiesha Beevi, W/o. one Mohemed Ibrahim, in favour of the defendant. The property, conveyed under Ex.B2, is the South-West portion of the property measuring 23 feet East-West and 21 feet North-South. Ex-B3 is the document dated 13.01.1972, executed by one Iburamusha Ravuthar in favour of Saraswathi in respect of the same property, which was conveyed by Saraswathi along with others in favour of the defendant. In short Ex-B3 is the parent document for Ex.B1. It is also to be noted that the vendor under Ex-B1 is none else than the son of Mohamed Meera Ravuthar. The original owner sold the northern half of the property owned by him to Ayiesha Beevi under Ex.A1. Both parties, therefore, claim title under the original owner, Mohamed Meeran Ravuthar.