JOTHIPRAKASAM AND OTHERS Vs. DHANAGOPAL AND OTHERS

JUDGEMENT

(1.) This Revision Petition is directed to review the judgment and decree dated 09.11.2016 passed in S.A.No.82 of 2011.

(2.) S.A.No.82 of 2011 is directed against the judgment and decree dated 29.01.2010 passed in A.S.No.8 of 2009 on the file of the Subordinate Court, Neyveli, confirming the judgment and decree dated 27.11.2008 passed in O.S.No.23 of 2005 on the file of the District Munsif cum Judicial Magistrate Court, Neyveli.

(3.) The abovesaid Second Appeal has been preferred by the defendants 1 and 2. The suit had been laid by the plaintiff for the reliefs of declaration and mandatory injunction, on the footing that the suit property originally belonged to Murugesa Padayachi and after his death, the same was succeeded to by his wife Saradhambal and that the plaintiff was taken in adoption by Saradhambal and accordingly, it is contended that the plaintiff's status as the adopted son has been declared in O.S.No.1298 of 1990 and accordingly, it is stated that the plaintiff has succeeded to the suit property after Saradhambal and been in possession and enjoyment of the same and recognizing his title, possession and enjoyment, he had been granted patta and paying Kists etc., in respect of the suit property and inasmuch as the defendants without any authority interfered with his possession and enjoyment, according to the plaintiff, he has been necessitated to lay the suit for appropriate reliefs.