CHANDRAMMAL Vs. JAYARAMA NAICKER

JUDGEMENT

(1.) SECOND Appeal filed under Section 100 of the CODE OF CIVIL PROCEDURE, 1908 judgment and decree dated 6.8.1999 made in A.S.No.111 of 1998 on the file of Subordinate Judge, Maduranthakam confirming the Judgment and Decree dated 24.09.1997 passed in O.S.No.119 of 1992 on the file of the District Munsif Court, Maduranthakam. The above SECOND Appeal arises against the judgment and decree in A.S.No.111 of 1998 on the file of Sub Court, Maduranthakam confirming the Judgment and Decree in O.S.No.119 of 1992 on the file of the District Munsif Court, Maduranthakam.

(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 plaintiff is not the absolute owner of the suit property. THE plaintiff is not in possession of the suit property. THE plaintiff's house is facing west and defendant's house is facing east. THE schedule mentioned property has been wrongly described as 0.07 cents. THE defendant is in lawful possession and enjoyment of a total extent of 0.15 cents. THE defendant is living in the said property for more than 20 years. THE defendant has been paying the house tax to the Panchayat Board. According to the defendant, the sale deed dated 23.1.1992 is a sham document. THE boundaries mentioned in the suit schedule are not correct. THE suit property is a Gramanatham land. Neither Balatherasammal's mother Ananthammal nor Innaiya Reddiar have been in possession of the suit property. THErefore, the defendant prayed for dismissal of the suit.