M SUBBAIAH Vs. S ALAGAMMAI

JUDGEMENT

(1.) The plaintiff in O.S. No. 73 of 2003 is the appellant before this Court. The suit in O.S. No. 73 of 2003 was filed by the plaintiff before the District Munsif's Court, Thiruppathur for permanent injunction restraining the defendant/respondent herein from interfering with the plaintiff's peaceful possession and enjoyment of the suit property.

(2.) The case of the plaintiff is that the suit property originally belonged to one Michael Nadar from whom one Palaniappan purchased the property on 11.12.1930. The said Palaniappan released the property to the plaintiff's father Muthukaruppa Thevar on 11.11.1947 and since then the plaintiff's father has been in independent possession and enjoyment of the same. The plaintiff's father was an adopted son of one Nallathambi Thevar. The Plaintiff's father along with other family members executed a sale deed in favour of the defendant's husband Pala Subbiah Thevar for the suit schedule property on 6.6.1962 for the loan of Rs. 1000/- obtained from Pala Subbiah Thevar. Thereafter, after repaying the loan amount to Pala Subbiah Thevar, the plaintiff's father and other family members repurchased the same property from him on 24.4.1964. Since then plaintiff's father, being the only male member of the joint family property, enjoyed the property absolutely and after the death of the plaintiff's father, the plaintiff being the legal heir has been enjoying the property by succession. However, since the defendant tried to interfere with the possession of the plaintiff, the above suit was laid by the plaintiff for the afore said relief.

(3.) A written statement was filed by the defendant and the suit was contested. The defendant denied that the plaintiff's father Muthukaruppa Thevar was an adopted son of one Nallathambi. According to the defendant, Nallathambi Kangani and Velayutha Kangani are brothers. Nallathambi had two wives. The name of both the wives are Nachiammai only and the daughter of the second wife Nachiammai is the defendant. The wife of Velayutha Kangani and the first wife of Nallathambi Kangani, both of them joint together and adopted the plaintiff's father as the son on 5.11.1947. Accordingly, Muthukaruppa Thevar, namely, the plaintiff's father was in enjoyment and possession of the suit property. The defendant purchased the property from his mother Nachiammai and the wife of Velayutha Kangani on 20.2.1968. In respect of the said sale of the property on 20.2.1968, there was a civil litigation initiated by the plaintiff in O.S. No. 467 of 1985 for the relief of declaration and permanent injunction. The trial Court by a decree dated 28.4.1989 dismissed the suit with regard to the declaratory relief but decreed the suit with regard to the prayer of permanent injunction. As against that, this defendant filed A.S. No. 77 of 1989 and the same was allowed. In respect of the denial of the relief of declaration, the plaintiff filed in A.S. No. 114 of 1989 and the said appeal was also dismissed. As against that, the plaintiff filed two Second Appeals in S.A. No. 521 of 1992 and S.A. No. 522 of 1992. However, both the second appeals were dismissed by this Court on 6.8.2002. According to the defendant, from the date of purchase, she has been in possession of the property and she has perfected the title by adverse possession also. In order to defeat her interest, the suit has been filed by the plaintiff and hence she prayed for dismissal of the suit.