MOKKAPPAN Vs. M R JAYAKUMAR

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 30.11.2017 made in A.S.No.3 of 2011 on the file of the Additional District Court, Dharmapuri, confirming the judgment and decree dated 23.04.2017 made in O.S.No.237 of 2000 on the file of the District Munsif Court, Palacode.

(2.) The appellants are the defendants who lost in both the Courts below and respondents 1 to 5 and one Suseela are the plaintiffs in O.S.No.237 of 2000 on the file of the District Munsif Court, Palacode. The respondents 1 to 5 and one Suseela filed the said suit for declaration, recovery of possession and for mesne profits. After the death of Suseela, the 5th plaintiff, the respondents 6 to 9 were impleaded as her legal heirs. The suit property along with other properties were purchased by their father, M.V.Ramanatha Chetty. The Government acquired the properties in Survey Nos.201/3, 201/7, 205/5 and 202/8 purchased by their father, M.V.Ramanatha Chetty, except the suit properties. The patta for the suit properties was issued to their father M.V.Ramanatha Chetty on 05.06.1992. From that date onwards, M.V.Ramanatha Chetty was paying the kist. During April 1999, the appellants trespassed into the suit property and took possession illegally. Hence, the plaintiffs filed the suit.

(3.) The learned Trial Judge considering the pleadings, oral and documentary evidence, decreed the suit, O.S.No.237 of 2002 filed by the respondents 1 to 5 and deceased Suseela, holding that respondents 1 to 5 and deceased Suseela have produced documents to substantiate their claim and dismissed O.S.No.305 of 1998 filed by the appellants holding that claim of the appellants based on patta is not acceptable in view of production of title deeds by the respondents 1 to 5 and deceased Suseela.