MUNUSAMY Vs. NEETHIRAJAN

JUDGEMENT

(1.) BEING aggrieved by judgment in A.S.No.139 of 2004 reversing judgment of the trial Court and thereby decreeing plaintiff's suit for recovery of possession, unsuccessful defendant has filed this Second Appeal.

(2.) SUIT property relates to 4 - cents out of 22 cents in S.No,74/13A in Arugur Village, Nemmely. Plaintiff claims that suit property was assigned to him under assignment deed (dt.02.12.1983) under Land Ceiling proceedings. Defendant is on the eastern side of the suit property. Case of plaintiff is that when plaintiff was absent from the village on 10.02.1998, defendant committed trespass during plaintiff's absence. After approaching local panchayat, plaintiff filed suit on 30.07.1998 for delivery of possession.

(3.) UPON consideration of oral and documentary evidence trial Court held that excepting Ex.A1-kist receipt, plaintiff has not produced any evidence his document of title viz., assignment deed to prove his title. Trial Court also held that no independent evidence was adduced to prove his cause of action. Referring to evidence of DW1 to DW2, trial Court held that defendant proved his long possession and on those findings trial Court dismissed plaintiff's suit for recovery of possession.