KANDASAMY NAICKER Vs. PAULRAJ (DIED)

JUDGEMENT

(1.) This litigation commenced one score and one year ago when one Paulraj, filed a suit against his maternal uncle for a small piece of immovable property admeasuring 2.4 cents or thereabouts. To be precise, the suit being O.S.No.128 of 1997 was launched on 07.02.1997, on the file of the Additional District Munsif Court, Tuticorin, which shall hereinafter be referred to as 'trial Court', for the sake of brevity, clarity and convenience.

(2.) As mentioned supra, the extent of land is 2.4 cents or thereabouts and is comprised in Survey No.297, in Mullakadu Village, in Ward No.1 of Muthiayapuram Panchayat in Tuticorin Taluk in Chidambaranar District. There is no dispute that there is a small superstructure in the form of a hut thereon. To be noted, the decree of the trial Court does not mention about this superstructure, but both learned Counsel before me, on instructions, confirmed that the plaint schedule property includes a small superstructure in the form of a hut thereon.

(3.) Therefore, the aforesaid land admeasuring to an extent of 2.4 cents together with the small superstructure in the form of a hut thereon, shall hereinafter be referred to as 'suit property'.