KATHIJA BI Vs. SHAKILA BANU

JUDGEMENT

(1.) The appellants as plaintiffs in O.S.No.139 of 2007 on the file of the III Additional District Munsif, Kallakurichi, had obtained a decree before the Trial Court. This decree was set aside in an appeal filed by the defendant by the first Appellate Court in A.S.No.14 of 2014 on the file of Sub Court, Kallakurichi, which remanded the matter to the Trial Court with a direction to address as many as seven issues.

(2.) 1 The brief facts may have to be stated: The suit property is stated to be in Survey No.76/1A of Kallakurichi Taluk, Thyagadhurugam Town. The first plaintiff, and the mother of the plaintiffs 2 to 5, had earlier instituted O.S.No.600/1985 before District Munsiff court, kallkurichi Court against a certain Gudu Sahib for declaration of title and recovery of possession of the suit property. On 21.08.1990, the District Munsif Court, Kallakurichi returned the plaint for presentation before the appropriate Court. On 20.09.1990, this was represented before the Sub Court, Vriddhachalam which took the suit on file in O.S.No.203 of 1990. Subsequently, owing to bifurcation of Sub Court jurisdiction and establishment of independent Sub Court at Kallakurichi, the suit was transferred to the second mentioned Court where it was taken on file in O.S.No.33 of 1996.

(3.) 1 According to the plaintiffs, after taking delivery of the property under Ex.A.2, the defendant encroached into the property on the strength of the sale deed he had obtained from Selvi and began to assert title. This has necessitated the filing of the present suit for declaration of title and for recovery of possession.