PANNEERSELVAM Vs. PADMASINI

JUDGEMENT

(1.) The appellants are the defendants in the suit. Respondents 1 and 2 in the appeal are the plaintiffs. The third respondent is the fifth defendant. The appeal is preferred against the concurrent finding of the Courts below in the suit filed for declaration of title in respect of A and B schedule properties, Mandatory Injunction to remove the constructions made on A and B schedule properties and to hand over the vacant possession to the plaintiffs.

(2.) The case of the plaintiffs is that the suit property described under schedule A and B of the plaint, originally belongs to one Meenakshi Ammal, who is the maternal grandmother of the plaintiffs. The property was purchased by Meenakshi Ammal under a sale deed dated 25.06.1923. In the year 1945, Meenakshi Ammal died leaving her son and daughter viz., Ramasamy and Rengammal. Ramasamy, Son of Meenakshi Ammal left the family forty years ago and not heard thereafter. Rengammal the daughter of Meenakshi Ammal, inherited the property as per the law prevailing at that point of time. Rengammal got married Rajagopal. The plaintiffs are son and daughter of Rengammal.

(3.) Schedule 'A' and 'B' properties and the property East of it are assessed to land revenue. 'B" schedule property is situated on the east of 'A' schedule property. Both 'A' and 'B' schedule properties are situated on the west of the remaining property which are not owned by the plaintiffs. The property on the immediate east of 'B' schedule property originally belongs to Meenakshi Ammal, which she sold in the year 1924 to one Hassan khan measuring 30 feet East-West, 105 feet North-South. The immediate West of it measuring 48 feet East-West, North-South 105 feet was sold by Rengammal to Muthaiya Pillai on 15.06.1950. In the said sale deed, Ramasamy brother of Rengammal was also singed as an Executor, at the instance of the purchaser Muthia Pillai. This property, after passing through several hands, ultimately purchased by Thamarai Ponmalar, W/o James Jayakumar. Property further East, which also originally belongs to Meenakshi Ammal, after passing through several hands, ultimately purchased by Abdul Rahman, who is the younger brother of defendants 1 and 2 (Abdul Munaf Sahib, Abdul Jabbar Sahib).