PACHAI AMMAL Vs. RAJANGA MUDALIAR

JUDGEMENT

(1.) The defendant who suffered a decree for declaration of title and delivery of possession in O.S.No.2 of 2006 by the learned II Additional District Munsif, Puducherry and lost the appeal suit in A.S.No.6 of 2017 before the learned Subordinate Judge, Puducherry, is before this court.

(2.) The suit has been filed by the respondent herein for declaration that, he is the absolute owner of the suit property and for recovery of possession of the suit property from the defendant. The learned II Additional Additional District Munsif, by judgement dated 12.12.2016 had decreed the suit. Challenging the same the defendant went on appeal and the first appellate court, by judgement dated 30.07.2018 dismissed the appeal thereby confirming the decree and judgement of the court below. Feeling aggrieved by the same, the defendant is before this court with this second appeal.

(3.) The case of the plaintiff is that, the suit property originally owned, possessed and enjoyed by one Adisesha Mudaliar son of Dharmasiva Mudaliar, during his life time, he had executed a settlement deed settling the suit property in favour of his son one Veerappan, by means of a registered settlement on 20.09.2001. Thereafter, the said Veerappan had sold the same in favour of the plaintiff for a valuable consideration on 26.05.2004, under a registered sale deed. At the time of sale, the sister of the defendant was in possession of the suit property as a licensee. The plaintiff, after having purchased the suit property, got patta mutated in his name. When the plaintiff had demanded the defendant to vacate and deliver the possession of the same, the defendant was evasive, therefore, the plaintiff had issued a legal notice on 30.08.2005 calling upon the defendant to vacate and deliver the vacant possession of the suit property. The defendant having acknowledged the receipt of the notice, had issued a reply dated 01.09.2006 raising untenable claims. Hence, this suit for declaration of title and for delivery of possession of the suit property.