KOTHANDAPANI Vs. CHELLAMMAL

JUDGEMENT

(1.) The appellant is the defendant in O.S.No.151 of 1987 on the file of the Additional District Munsif, Tindivanam and respondent in A.S.No.86 of 1992 on the file of the Additional Subordinate Judge, Tindivanam,

(2.) The respondent/plaintiff (Chellammal) filed a suit in O.S.No.151 of 1987 before the Additional District Munsif, Tindivanam for declaration of her title to the suit property situate in Survey number 289/10 of Bommaya Palayam Village, Vannur Taluk measuring 35 cents and also for a permanent injunction restraining the defendant Kothandapani (Dw1) from interfering with her peaceful possession and enjoyment over the suit property.

(3.) The case of the respondent/plaintiff in nutshell is as follows. The suit property is the ancestral property of the plaintiff's husband Ranganathan Gounder (PW2) and the suit property and other properties were allotted to her husband's share in a family arrangement that took place during the year 1962. The husband of the plaintiff was in enjoyment of the suit property by mutating the revenue records and also he executed a settlement deed dated 04.01974 (Ex.A4) in favour of his wife, the respondent/plaintiff. According to the plaintiff, she has been in possession and enjoyment of the suit property by cultivating cashew nut crops and that the defendant without any iota of right over the suit property, is attempting to interfere with her peaceful possession, since February 1987.