ANTONIAMMAL Vs. PERIANNAKONAR

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No.73 of 2000, on the file of the District Munsif Court, Ramanathapuram. She filed the above suit against the first respondent/defendant (since deceased) for the following reliefs :-

(2.) For the sake of convenience, the parties are referred to as per their ranking in the original suit and at appropriate places their ranks in the second appeal would also be indicated, if necessary.

(3.) The brief case of the appellant/plaintiff is as follows:- The suit property and the property on the western and eastern side in S.No.130, Rameswaram Agatheeswarar Theerthakarai, measuring 3.14 cents, originally belonged to one Ragunathapillai and his co-sharers and in a family partition, 1 acre 57 cents on the western half was allotted to Ragunathapillai. While the eastern half of 1.57 cents was allotted to his co-sharers, both the properties were fenced separately. The plaintiff purchased 1.57 cents from Ragunathapillai through a sale deed, dated 30.05.1958 (Ex.A1). The plaintiff and her husband are in possession of the suit property continuously and in fact, the defendant filed a suit against the plaintiff in O.S.No.30 of 1990, before the learned District Munsif, Ramanathapuram, which was subsequently, dismissed for default. The plaintiff and her husband are illiterates and they did not know the sub-division made in S.No.130 of Rameswaram Agatheeswarar Theerthakarai by the Revenue Authorities. The plaintiff also used to accompany her husband, whenever her husband went for fishing. According to the plaintiff, the first respondent/defendant is attempting to trespass into the suit property since May 1958 and hence, the suit.