THAMBUSAMY Vs. MANI

JUDGEMENT

(1.) THIS Second Appeal arises out of concurrent findings of Courts below decreeing plaintiff's suit and ordering recovery of possession and payment of arrears of paguthy (lease rent ). Unsuccessful defendant is the appellant.

(2.) SUIT property relates to 0. 02 acres in S. No. 22/16 of Kadichampady village. Case of respondent/plaintiff is that he purchased suit property from one gnanasambanda Desikar and Gnanaprakasa Desikar by way of the sale deed dated 09. 02. 1959. Out of 15 cents purchased by plaintiff, 2 cents was given to appellant/defendant on oral paguthy arrangement on 01. 08. 1980. Further case of plaintiff is that from January 2001 defendant failed to pay paguthy and defaulted in paying paguthy for about 2 years. Plaintiff issued legal notice on 08. 01. 2003 and caused another notice Ex. A5 (04. 02. 2003) to defendant to hand over vacant possession on 01. 03. 2003. Defendant received the said notice and sent reply (Ex. A8-13. 02. 2003 ). In his reply defendant denied title of plaintiff in the suit property. Hence, plaintiff filed suit seeking recovery of possession and also arrears of paguthy (lease rent ).

(3.) RESISTING the suit, defendant filed written statement contending that he was working under Kakthan Mudaliar, son of govindasamy Mudaliar as a coolie and suit property belongs to Govindasamy mudaliar. Defendant was permitted to put up thatched shed in the suit property. Defendant pleaded that he perfected his title to the suit property by adverse possession and defendant has thus become title holder of the suit property. According to defendant, plaintiff ought to have filed suit for declaration before seeking recovery of possession and plaintiff is not entitled to the relief sought for.