KALIYAMOORTHY Vs. SAMIDURAI

JUDGEMENT

(1.) THE Second Appeal is preferred against the judgment and decree dated 23/9/2002 in A.S. No.36 of 2002 on the file of the Principal Subordinate Court, Vridhachalam, reversing the judgment and decree dated 6/3/2002 in O.S. No.164 of 2000 on the file of the Principal District Munsif Court, Vridhachalam.

(2.) THE Appellant is the Plaintiff who lost the case in the First Appellate Court has come forward with this Appeal stating that he has inherited the property from his father and also purchased some properties adjacent to the Patta property, there is an Odai Poramboke having extent of 1 acre was in his possession and enjoyment for more than the statutory period. Hence, he prescribed possessory title. From 1971 onwards, his father has been enjoying the property. From 16/3/1990 onwards, he is enjoying the suit property along with his Patta land without interference. So he prescribed possessory title by possession. Now, the Respondent/Defendant attempted to interfere with the Plaintiff"s possession and enjoyment of the property. So he came forward with the Suit for declaration that he has prescribed possessory title by adverse possession and also for injunction and alternative prayer for recovery of possession.

(3.) AT the time of admission of the above Second Appeal, the following substantial questions of law arose for consideration: