M.SARASWATHI Vs. ANDAL

JUDGEMENT

(1.) This appeal has been filed by the legal representatives of the plaintiff in OS No.2771 of 2007, challenging the dismissal of the suit filed for declaration of title and for delivery of vacant possession.

(2.) According to the plaintiff, the suit properties originally belonged to Parthasarthy Pillai. Upon his demise, in a partition that took place on 19.04.1926, the suit properties and other properties were divided amongst three sons of Parthasarathi Pillai viz., C.P.Varadharaja Pillai, C.P.Sundararaja Pillai and C.P.Murugesan Pillai. The plaintiff is the son of C.P.Sundararaja Pillai and the defendant is the daughter of C.P.Murugesan pillai. Claiming that the defendant had encroached upon an extent of 330 sq.ft. of land, over the property that is allotted to C.P.Sundararaja Pillai, the plaintiff has come forward with the above suit seeking declaration of title and recovery of possession.

(3.) The suit was resisted by the defendant contending that she is in possession of the property that was allotted to her father in the partition in the year 1926 and there has been no encroachment made by her.