(1.) The defendants in O.S. No. 789 of 1982 on the file of the Additional District Munsif Court, Kallakurichi, are the appellants herein. O.S. No. 789 of 1982 had been filed seeking a judgment and decree for declaration of title and for permanent injunction with respect to the suit property. This suit was dismissed, by judgment and decree dtd. 18/4/1994. Challenging that judgment, the plaintiff filed A.S. No. 190 of 1996 before the Civil Judge, Senior Division, Kallakurichi. By judgment and decree dtd. 27/1/1997, the first appeal was allowed.
(2.) Challenging that judgment, the defendants have filed the present Second Appeal. The second appeal had been admitted on the following substantial question of law:
(3.) The plaintiff, Sanyasi, had filed the suit against four defendants namely, Muthusamy, Vaithipilllai, Vinaiyathapillai and Poondi, seeking a judgment and decree for declaration of title and permanent injunction with respect to the suit property. The suit property was described as land measuring 39 cents in S. No. 516/1 in Pootai Village, Sankarapuram Taluk, Villupuram District. In the plaint, it was claimed that entire land belonged to the plaintiff. It was ancestral property. The patta was in the name of Kullan, the father of the plaintiff in Patta No. 253. The plaintiff was the only son of Kullan. It was also stated that the plaintiff and his father had been in possession for more than the statutory period and had perfected title by prescription. It was further stated that the defendants have no right or title over the property. However, they interfered with his possession from 1/10/1982. It is under these circumstances that the plaintiff had filed the said suit for declaration of title and permanent injunction.