SADHURAJAN Vs. SRIRAMULU NAIDU

JUDGEMENT

(1.) This Second Appeal coming on for hearing on Thursday, sixteenth day and tuesday, the twenty first day of July, 98 upon perusing the Grounds of Appeal, the judgment and Decrees of the Lower Appellate Court and the Court of First Instance and the material papers in the suit and upon hearing the arguments of Mr. Sarvabhauman Senior Counsel for M/s. Sarvabhauman Associates for the Appellant and the respondents not appearing in person or by Advocate, and having stood over for consideration till this day, the Court delivered the following judgment :The appellant is the 1st defendant and the respondents are the plaintiffs and the 2nd defendant before the lower Court.

(2.) The respondents 1 to 7, who are the plaintiffs before the lower Court, filed the suit in O.S. No. 815/80 on the file of Principal District Munsif's Court at Karur for declaration of their exclusive title to the suit property and for a consequential permanent injunction or in the alternative for the relief of possession in case if it is found that the defendants trespassed into the suit property.

(3.) It is the case of the respondents 1 to 7, who are the plaintiffs before the lower Court, that the suit property is the northern half share measuring 1.89 1/2 cents in the total extent of 3.79 acres in S.F. No. 1430/C of Sanapatti Village in Karur Taluk and one Nachiyammal purchased the suit property from one Sowriammal as early as on 16-2-1927 and the said Nachiyarammal conveyed the suit property to one Krishnaswamy Naidu under a registered sale deed dated 12-3-1928, and the said Krishnaswamy Naidu died in the year 1941 survey by his wife by name Andalammal, and Andalammal is the grandmother of the plaintiffs and the Andalammal executed a registered settlement deed dated 11-7-1961 in favour of the plaintiffs and ever since then the plaintiffs are in possession of the suit property, and the defendants attempted to trespass into the suit property, and so the present suit was filed.