RAMAKRISHNAN Vs. VAITHIYALINGAM

JUDGEMENT

(1.) The un-successful defendant who lost his case before the Courts below is the appellant herein. The respondents/ plaintiffs filed a suit in O.S.No.182 of 1997 for declaration of the title to the suit property and for permanent injunction restraining the defendant, his men, agents from trespassing into the suit property.

(2.) The case of the respondents/ plaintiffs is as follows: According to the respondents/ plaintiffs, the suit schedule property originally belonged to one Sethuraman and one Jaya alias Jayalakshmi and it was purchased by the plaintiffs on 30.05.1996 for a sale consideration of Rs.52,000/-. After purchase, the revenue records were also mutated and patta bearing patta no.1183 also stands in the name of the plaintiffs. The plaintiffs are in peaceful possession and enjoyment of the suit property for the past 12 years. Accordingly, the plaintiffs perfected their title by way of adverse possession. Whileso, without any title or right, the defendant tried to trespass into the suit property and it was prevented by the plaintiffs. Hence, the plaintiffs filed suit for declaration of title and for permanent injunction.

(3.) The case of the appellant/ defendant is as follows: The defendant deny the allegations made in the plaint. According to the defendant, the suit property originally belonged to one Venkatachalam and Narayanan and they were commonly enjoying an extent of 2.62 acres of property. Thereafter, their legal heirs divided the same equally i.e., 1.31 acres each and they were enjoying the suit property. The said Venkatachalam had two sons and Narayanan had five sons. The defendant purchased the 1/5th share of the property enjoyed by one Jayaraman son of Sundaram who is the legal heir of the said Narayanan under sale deed dated 19.07.1996, Ex.B1. The defendant also purchased 65-1/2 cents of the suit schedule property from one Ramalingam, Mangayanayagi and Gangammal under sale deed dated 15.07.1996, Ex.B2. The said Gangammal is the second wife of Kesava Pillai and Mangayanayagi is the daughter of one Rukmani Ammal who is the sister of Kesava Pillai and the said Kesava Pillai and Rukmani Ammal are the legal heirs of one Varadharajan who is the son of the said Venkatachalam. The defendant also purchased the 1/5th share enjoyed by one Sundaramurthi son of Narayanasamy which the said Narayanasamy acquired from his father Manickam/ legal heir of Narayanan under under sale deed dated 19.07.1996, Ex.B Accordingly, the defendant enjoyed nearly 1.40 acres of the property and the suit schedule property comes under this 1.40 acres. The plaintiffs had filed a vexatious suit against the defendant.