RANIAMMAL (DIED) Vs. KUPPUSAMI

JUDGEMENT

(1.) This is the second appeal against the decree and judgment in O.S.852/1989 on the file of the Additional District Munsif, Kallakurichi and the subsequent decree and judgment in the appeal A.S.409/1996 on the file of the Subordinate Judge, Kallakurichi confirming the decree and judgment of the trial court.

(2.) The plaintiff and defendant in the original suit are named the same in the present appeal also, for the sake of convenience.

(3.) Briefly, a look into facts of the case, as narrated by both the parties. The plaintiff has averred that the suit property along with other properties west of it were originally owned by his ancestors. The plaintiff's father and his brother's widow Kamalammal had sold the properties west to the suit property to one Amirthavalli Ammal and one Panduranga Naidu (defendant's husband) on 21.09.1956 (Ex.A1) and 20.06.1965 (Ex.A2) by way of two separate title deeds. The plaintiff has been enjoying the suit property since the demise of his father Kanmani Naidu. Since the said property is a grama natham / poromboke land, no taxes were paid by him. He had prayed for permanent injunction restraining the defendant from interfering with his peaceful possession and enjoyment over the suit property.