ETHIRAJULU Vs. CHOKALINGAM

JUDGEMENT

(1.) SECOND Appeal filed under Section 100 of Civil Procedure Code of second appeal against the Judgment and Decree dated 29.11.1996 in A.S.No,42 of 1994 on the file of Sub Court, Tiruvallur confirming the Decree and Judgment dated 20.09.1994 in O.S.No.156 of 1983 on the file of District Munsif, Ponneri.The plaintiff who was non-suited before both the Courts below have preferred the present appeal.

(2.) THE suit was filed for declaration of title with respect to the 'A' Schedule property and for recovery of possession of the 'B' and 'C' Schedule properties which formed part of the 'A' Schedule property from the defendants.

(3.) THE third defendant in her written statement has contended that the suit property was given as a Sridhana to Sundarammal by her mother. She claimed that she has been in possession and enjoyment of a portion of the suit property for some decades. She also claimed one-third share in the suit property and has contended that she had perfected title to a portion of the suit property in her possession by adverse possession.