ROKIYABI Vs. ASMATH BI

JUDGEMENT

(1.) THE above said second appeal arises against the judgment and decree in A.S.No,35 of 2005 on the file of Sub-court, Ranipet, Vellore District, confirming the judgment and decree in O.S.No,588 of 1995 on the file of the District Munsif cum Judicial Magistrate No.I, Wallajah.

(2.) THE defendant in the suit is the appellant and the respondent is the plaintiff.

(3.) THE brief case of the defendant is as follows: 5.1.THE defendant denies the averments that she is in occupation of the 'B' Schedule property as the leave and licensee. She is in possession and enjoyment of the portion for the past 23 years (i.e) even prior to the alleged settlement deed and even during the life-time of her father namely Sheik Jamalluddin Saheb. THE defendant is in possession and enjoyment of the said property continuously and she had perfected title over the same by way of adverse possession. THE plaintiff had executed a registered lease deed dated 09.05.1965 in favour of the defendant in the presence of witnesses and mediators. THE defendant is in possession and enjoyment of the property as a owner of the property and not as a licensee. THErefore, the defendant prayed for dismissal of the suit.