SOUNDIRAMMAL; SUNDARASAMY Vs. S RAMACHANDRAN

JUDGEMENT

(1.) The second appeal has been preferred against the judgment and decree dated 03.09.2003 made in A.S. No. 24 of 2003 passed by the learned Principal District Judge at Ramanathapuram reversing the judgment and decree dated 01.07.2003 made in O.S. No. 19 of 1999 passed by the learned Subordinate Judge, Ramanathapuram.

(2.) The averments in the plaint is as follows:

(3.) The entire suit property is originally belonged to one Shanmugathevar, the father of plaintiff. The first defendant has filed a suit in O.S. No. 348/89 against the father of the plaintiff for declaration and injunction in respect of one acre of land in S. No. 129/4B. During the pendency of the suit, the father of the plaintiff has died and subsequently the plaintiff and others have been added as the legal heirs of the deceased Shanmuga Thevar as defendants. The said suit was dismissed on 30.08.1993 by the the learned District Munsif, Ramantahpuram. In that it was held that the first defendant, who is the plaintiff in O.S. No. 348/89 has no right over the suit property and also held that the present plaintiff and his brothers and sisters are entitled prescribed title by adverse possession. Against the Judgment and decree passed by the District Munsif Court, Ramanathapuram the first defendant herein has filed A.S. No. 10/94 and the same has also been dismissed. Against that the first defendant herein has filed S.A. No. 636/1997 and the same has also been dismissed on 29.01.1998. So, in the suit properties the defendants are not having any right, title and interest.