SAVARI AMMAL Vs. KULANDAI THIRESU (DIED)

JUDGEMENT

(1.) The defendant in O.S.No.223 of 1995 on the file of the District Munsif Court, Thiruppathur is the appellant. O.S.No.223 of 1995 had been filed by Kulandai Thiresu and Alphones for a declaration of title or in the alternative declaration of possessory title and consequential injunction to protect possession in respect of the suit property.

(2.) The suit property was punja land measuring 1.20 hectares in Nemam Village, Thiruppthur Taluk, Sivagangai District.

(3.) The first plaintiff is the mother and the second plaintiff is her son. The first plaintiff claimed title on the basis of a unregistered sale deed dated 21.5.1986 executed by the defendant/Savariammal. After purchase, the plaintiffs were granted patta by the Tahsildar, Thiruppathur. The defendant had filed an application to cancel the patta and the same was dismissed by the Tahsildar. The defendant had filed an appeal before the Revenue Divisional Officer and the same was allowed. The plaintiffs had filed an appeal before the District Revenue Officer and the same was dismissed. The defendant, therefore, claimed title and attempted to disturb the possession of the plaintiffs. Consequently, the suit had been filed, seeking the reliefs as stated above.