POOCHI SERVAI (DIED) Vs. RAJENDARAN

JUDGEMENT

(1.) The plaintiff in O.S.No.38 of 2003 on the file of the Principal District Munsif, Thiruvadanai is the appellant. The said suit was filed by him seeking a decree of permanent injunction restraining the defendants from interfering with the possession of the plaintiff.

(2.) According to the plaintiff, the suit property measuring about 3 ¼ cents in Survey No.226/8B1 is the ancestral property of the plaintiff and was classified as Grama Natham. During the Natham Settlement Scheme, Patta was issued to the plaintiff and his brother Subbiah Servai in respect of 350 sq.m., of land in Survey No.226/8B. Subsequently, the said survey number was subdivided into two and Patta was issued to the plaintiff for an extent of 250 sq.m., in Survey No.226/8B1, for the remaining 100 sq.m., Patta was issued to the brother of the plaintiff. Claiming that the defendants are attempting to interfere with his possession, the plaintiff came forward to file the above suit.

(3.) The suit was resisted by the defendants contending that neither the plaintiff nor his predecessor in interest have any title to the suit property. According to the defendants, the suit property originally belonged to Ponnu Iyengar, who sold portions of it to Balavesam and Sudalaimuthu. It is further claimed that Balavesam's sons Kayambu and Manamuthu had sold an extent of 3 ¼ cents to one Ganesan, S/o. Subbiah Kone under a sale deed, dated 03.09.1996. The said Ganesan had in turn conveyed the property purchased by him under the sale deed, dated 03.09.1996, to Thavamani / the second defendant in the suit. The defendants would further claim that the first wife of the first defendant viz., Pappathi Ammal had purchased to an extent of 2 cents from Ravichandran and others, who are the heirs of Sudalaimuthu. The defendants would also claim that subsequent to the purchase, mutation of the revenue records was effected and the Patta transfer order was passed on 27.06.2002, subdividing Survey No.226/8B into 226/ 8B1 measuring 250 sq.m., and 226/8B2 by measuring 100 sq.m. The Patta in respect of 226/8B2 was transferred in the name of Pappathi / wife of the first defendant. The Adangal Extract relating to the suit property viz., 226/8B2 measuring about 100 sq.m., standing in the name of the said Pappathi was also relied upon by the defendants to show that the plaintiff has no title or possession of the suit property.