ARUMUGAM NAINAR Vs. RAJAMANI

JUDGEMENT

(1.) This Second Appeal is filed against the judgment and decree passed by the learned Subordinate Judge at Ulundurpettai dated 12.12.2017 in A.S. No. 59 of 2017 confirming the judgement and decree dated 11.11.2014 in O.S. No. 261 of 2009.

(2.) The appellant is plaintiff and the respondents are defendants in O.S.No.261 of 2009 on the file of the Sub Court, Ulundurpettai. The appellant filed the said suit for declaration, possession and for mesne profit. According to the appellant, the suit property originally belonged to Government and on 29.11.1996 the Special Tahsildar, Ulundurpettai issued patta No.315 to the appellant and from that date, he was in possession and enjoyment of the suit property and perfected his title by adverse possession. On 20.09.2009, the respondents tried to trespass into the suit property and the same was prevented by the appellant. However, subsequently, the first respondent trespassed into the suit property and he is now in possession of the property. Under such circumstances, the appellant has come out with the present suit for the relief stated above.

(3.) The 1st respondent filed written statement and the same was adopted by the 2nd and 3rd respondents. The respondents denied all the averments made in the plaint and contended that originally on 10.10.1982 patta was granted to the appellant for the lands in Survey No.63/12A for 3 cents, for which the present Survey Number is 150/4. The appellant got the said patta transferred to his wife's name and is trying to get patta in respect of Survey No.150/6 which was assigned to the 1st respondent's grandfather. It is the habit of the appellant to get house site patta by making false representations and hence prayed for dismissal of the suit.