MANICKAM Vs. KUBER

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 30.06.2015 made in A.S.No.37 of 2014, on the file of the Sub Court, Uthangarai, reversing the judgment and decree dated 22.08.2012 made in O.S.No.71 of 2008 on the file of the District Munsif Cum Judicial Magistrate Court, Pochampalli.

(2.) The appellants are defendants and respondent is the plaintiff in O.S.No.71 of 2008 on the file of the District Munsif Cum Judicial Magistrate Court, Pochampalli. The appellants have preferred this Second Appeal, challenging the reversing judgment and decree of I Appellate Court in A.S.No.37 of 2014. The respondent filed the said suit for declaration of his title and for permanent injunction. According to the respondent, the suit property and other properties belong to one Kuppaiya Prasad and was in his possession and enjoyment. The said Kuppaiya Prasad had four sons and five daughters. His wife is Parvathi Bai. After his death, the properties belonged to Kuppaiya Prasad were orally partitioned 38 years ago, in Panchayat, in the presence of one Beemaraj, Jaganathan and others. In the said oral partition, the suit property in Survey No.1149/1, measuring an extent of 89 cents agricultural land was allotted to the share of Parvathi Bai, wife of Kuppaiya Prasad. The sons and daughters of Parvathi Bai have no right, title over the suit properties. The patta No.783 was issued to Parvathi Bai and she was in possession and enjoyment of the suit properties for more than 35 years.

(3.) The first appellant filed written statement and the same was adopted by the second appellant. They denied all the averments contained in the plaint. They contended that they are the lessees of the suit properties for more than 26 years. They also contended that the suit properties and other properties are joint family properties. After the death of Karuppaiya Prasad, his wife, Parvathi Bai became kartha of the joint family and she is managing the properties. Their son, Dharmaraj Pandey died in the year 2004, leaving behind his wife, Gayathri Bai and sons, Keshar Pandey and Jeevathkumar Pandey as his legal heirs. On 20.07.2004, the legal heirs of Dharmaraj Pandey and other legal heirs partitioned all the joint family properties by an unregistered partition deed dated 20.07.2004. Half share in the suit property was allotted to the legal heirs of Dharmaraj Pandey and half share in the suit property was allotted to Ganesh Prasad. 53 cents in Survey No.1099/1 and 35 cents in Survey No.1108/2 were allotted to Parvathi Bai. The first appellant purchased the suit property from the legal heirs of Dharmaraj Pandey and Ganesh Prasad by the sale dated 11.07.2008, registered as Document No.1741 of 2008. The appellants are in possession and enjoyment of the suit property. The respondent, by creating fraudulent documents, claimed title to the suit property. The appellants came to know about the patta issued to the respondent only after the suit was filed by the respondent. The appellants are taking steps to cancel the patta by initiating separate proceedings. The respondent has undervalued the suit property and not paid correct Court fee. Hence the suit filed by the respondent is liable to be dismissed.