XAVIER Vs. FATHIMA MARY

JUDGEMENT

(1.) The defendant Xavier in O.S. No. 141 of 2011 on the file of the District Munsif Court, Mannargudi, is the appellant herein.

(2.) The plaintiff Fathima Mary had filed the suit seeking an order of permanent injunction restraining the defendant Xavier from interfering with her peaceful possession of the suit property. The suit property was described as land and thatched house measuring 1076 sq.ft., in S. No. 366/17, Old S. No. 366/8 in Uzuthukudi Village, Mannarkudi, Thiruthuraipoondi, Nagapattinam District.

(3.) In the plaint, she claimed that the suit property and the adjacent lands/properties originally belonged to Parijathalanezvarar Thirukovil, Thirukkanar village. The husband of the plaintiff had, with permission from the Temple, resided in the suit property. Thereafter the lands were acquired by the Government and patta was granted to the persons in occupation including to the husband of the plaintiff. Thereafter on survey, the land was measured and Natham patta was again granted. It was further stated that the plaintiff's husband has executed a settlement deed in favour of the plaintiff on 13.07.2011. The defendant Xavier was the brother of the husband of the plaintiff. It was claimed that the defendant also claimed title and had attempted to interfere with the peaceful possession of the plaintiff. It was under those circumstances that the suit was filed.