LAWS(MAD)-2009-7-140

MARAGATHAM ALIAS KRISHNAMMAL Vs. MARIMUTHU

Decided On July 06, 2009
MARAGATHAM ALIAS KRISHNAMMAL Appellant
V/S
MARIMUTHU Respondents

JUDGEMENT

(1.) SECOND Appeal filed under Section 100 of the Code of Civil Procedure judgment and decree dated 20.12.1999 made in A.S.No,53 of 1999 on the file of Subordinate Judge, Mayiladuthurai confirming the Judgment and Decree dated 13.04.1999 passed in O.S.No,349 of 1995 on the file of the District Munsif, Sirkali.) The above SECOND Appeal arises against the judgment and decree in A.S.No. 53 of 1999 on the file of Sub Court, Mayiladuthurai confirming the Judgment and Decree in O.S.No,349 of 1995 on the file of the District Munsif Court, Sirkali.

(2.) THE plaintiff in the suit is the appellant in the above second appeal. THE respondent is the defendant in the suit.

(3.) THE brief case of the defendant is as follows: According to the defendant, the description of the suit property is not correct. THE suit property is the self acquired property of the plaintiff's father, Lakshmanasamy Nadar. THE defendant is in peaceful possession and enjoyment of the 'B' schedule property on his own right by paying tax in his name for the past so many decades and treating the property as his own. According to the defendant, the suit 'A' schedule property originally belonged to one Duraisamy Nadar. After his death, it was inherited by his four sons, namely, Lakshnamasamy Nadar, Mahalingam, Muthukumarasamy and Amirthalingam. Muhukumarasamy and Amirthalingam left the village by not claiming any right over the 'A' schedule property. THE property was enjoyed by Lakshnamasamy Nadar and Mahalingam. Lakshnamasamy Nadar is the father of the plaintiff and Mahalingam is the father of the defendant. On 11.8.1955, a family arrangement took place between Lakshmanasamy Nadar, Muhukumarasamy, Amirhaligam and Mahalingam. Another family arrangement took place on 26.9.1955 between Lakshmanasamy Nadar, Muthukumarasamy, Amirhaliingam, Marimuthu, Gurumurthy and Periyasamy @ Pesal Nadar. As per the said family arrangement, the property situate west of the suit 'B' schedule is to be taken by all the 3 and the 'B' schedule property to be taken by Marimuthu and 2 others. 10 days time was fixed for completing the family arrangement. Otherwise, it was alternatively agreed, the said arrangement will be confirmed by engrossing in the stamp papers and have it registered. After the second family arrangement, Muthukumarasamy and Amirthalingam without laying any claim over the property left the village. So far as 'B' scheduled property is concerned, the defendant is in actual possession and enjoyment of the same from the year 1955 in his own right and residing there even 10 years prior to 1955. From 1995 onwards, the B schedule property was given Door No,5A by the Panchayat Board. THErefore, the defendant prayed for dismissal of the suit.