PONMUDI Vs. NEELAKANDAN

JUDGEMENT

(1.) The suit in O.S.No.1201 of 1982 was filed by one Unnamalai Ammal contending that the suit property belonged to one Venkatapathy Chettiar whose two sons viz.. Raju Chettiar and Ramanatha Chettiar sold the same to one Dhanammal on 25.09.1942 under Ex.A1. The said Dhanammal settled the property in favour of the said Unnamalai Ammal under Ex.A2 dated 08.07.1975 and she continued to be in possession of the property. Since the defendant attempted to interfere with her possession, the plaintiff had come forward with the suit. Pending the suit the said Unnamalai Ammal died and her husband and two sons were brought on record as her legal representatives. Her husband Raju Chettiar also died and the plaintiffs 3 and 4 were declared as legal representatives.

(2.) The defendant resisted the suit contending that the suit property is his ancestral property and that he and his family has been in continuous possession of the property. His grandfather and father ran a school in the suit property and patta has also been issued to him in recognition of his possession. The said patta was produced as Ex.B1. The defendant also produced the ration card issued to him as Ex.B

(3.) Both the Courts below on a consideration of the evidence on record particularly the documents viz., Ex.A1 and Ex.A2 concluded that the defendant is not entitled to the suit property. The ration card produced by the defendant was rejected on the ground that it did not relate to the suit property. Patta marked as Ex.B1 itself was issued on 18.01.2005 after the initiation of the suit. The Courts below also took note of the judgment and decree in O.S.No.5 of 2000 in and by which the suit filed by the defendant against one Soundararajan seeking bare injunction was also dismissed as evidenced by Ex.A3 and Ex.A4.