SINGARAYAN Vs. VIJAYAMMA

JUDGEMENT

(1.) Challenging the judgment and decree passed in A.S.No.28 of 1997, dated 26.07.2001, on the file of the Subordinate Judge, Kuzhithurai, confirming the judgment and decree passed in O.S.No.470 of 1985, dated 20.08.1996, on the file of the Additional District Munsif, Kuzhithurai, this Second Appeal has been filed.

(2.) For the sake of convenience both the parties will be referred to as they were before the trial court.

(3.) The brief case of the plaintiff is that on 14.09.1110 m.e., the southern 25 cents of land in suit survey number were allotted to one Dhatchayani Pillai through a partition and the remaining 23 cents were allotted to one Devaki Pillai. Further, it is stated that the entire suit property belonged to Elias Nadar, who is the father of this plaintiff and son of Vijayashanthi Nadar. He has the possession of some mortgaged properties. On 18.11.1124 m.e., the said Datchayani Pillai had sold the southern 24 cents out of 25 cents of land to Elias Nadar and on 112.1952, Devaki Pillai had sold a 22 cents of land to Elias Nadar. Accordingly, Elias Nadar has title and right over the 46 cents of suit schedule properties. After the demise of Elias Nadar the plaintiff and his brother and sister are entitled to the properties. Hence, a partition was held between them in the year 1985 and the plaintiff was allotted 25 cents of land. The defendants have no title or right over the above 25 cents of land. Since, the defendants along with their men are trying to encroach the said property from 01.10.1985, the plaintiff had preferred the suit in O.S.No.470 of 1985 for permanent injunction to restrain the defendants not to encroach the suit properties and for declaration of title of the plaintiff to the suit property.