KRISHNASWAMY GOUNDER Vs. MUTHUSAMY

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 22. 9. 1994, made in A. S. No. 18 of 1992, on the file of the Sub Court, Tiruppur, reversing the judgment and decree, dated 27. 2. 1992, made in O. S. No. 60 of 1985, on the file of the District Munsif, Tiruppur.

(2.) THE plaintiffs in the suit O. S. No. 60 of 1985 are the appellants in the present second appeal. The defendant in the suit is the respondent herein. The suit had been filed praying for the relief of permanent injunction against the defendant and others from, in any way, interfering with the plaintiffs possession and enjoyment of the suit properties. The plaintiffs had stated that the suit properties were, originally, inam lands before they were converted into ryotwari lands and before the Government had carried out the statutory regularisation of the same. The Government had granted ryotwari patta for the suit properties in favour of the plaintiffs, as well as to Palaniyammal and muthammal in the year, 1966, when the suit lands were converted into ryotwari lands. The grantees, namely, Palaniyammal and Muthammal had died, leaving behind the fifth plaintiff, as their sole legal heir.

(3.) THE ryotwari patta had been granted on the ground of long enjoyment of the suit properties by the plaintiffs" forefathers and by the plaintiffs, continuously, by paying the kist to the Government. The plaintiffs have been in possession and enjoyment of the suit properties for more than forty years. The plaintiffs had further stated that their names had been entered in the village accounts, including the chitta and the adangal. The revenue patta number, in respect of the lands in question, had been entered in the chitta, as 515/32. The adangal and the chitta extracts and the kist receipts produced by the plaintiffs would show that the plaintiffs were in possession and enjoyment of the suit properties.