MANNU GOUNDER Vs. BALASUBRAMANIAN

JUDGEMENT

(1.) THE appellant-plaintiff has filed the Second Appeal against the judgment and decree dated 31.12.2002 in A.S.No.148 of 2000 on the file of the Additional District Court, Villupuram, reversing the judgment and decree dated 24.8.2000 in O.S.No,957 of 1995 on the file of the Principal District Munsif Court, Ulundurpet.

(2.) THE averments in the plaint are as follows: THE suit property and other properties originally belonged to the plaintiff's father Chinnakesava Gounder. Till his death, he was in possession and enjoyment of the same. He was having two wives, the first wife is Chinathayee Ammal and the second wife is Marimuthu Ammal. Chinnakesava Gounder got a son by name Mannangatti Gounder, through his first wife. After the death of his first wife, Chinnakesava Gounder married Marimuthu Ammal as the second wife. Marimuthu Ammal gave birth to the plaintiff through Chinnakesava Gounder. After the death of Chinnakesava Gounder, both the plaintiff-Mannu Gounder and Mannangatti Gounder are enjoying the property. THEy then divided the property by way of oral partition and they enjoyed their respective shares. Since Mannangatti Gounder died, his two sons, the defendants 1 and 2 are enjoying the property. THE suit property is in possession and enjoyment of the plaintiff. THE suit property's old Patta Number is 681 and new patta number is 1230. Since the plaintiff has been enjoying the suit property for more than 31 years, he prescribed title by adverse possession. THE plaintiff has raised sugarcane crops in the suit property. Without right and interest, the defendants attempted to interfere with the peaceful possession and enjoyment of the plaintiff along with his brother-in-law, the third defendant, which was prevented. Hence, the plaintiff is constrained to file the suit for declaration and injunction. During the pendency of the suit, the defendants 4 to 6 were impleaded as the legal heirs of the deceased Mannangatti Gounder.

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