R. SELVAM Vs. MURUGAN

JUDGEMENT

(1.) The plaintiff in OS No. 190 of 1994, a suit for declaration and recovery of possession was dismissed by the Trial Curt and confirmed by the Lower Appellate Court, has come up with this Second Appeal.

(2.) According to the plaintiff, the suit property belonged to one Kuppusamy son of Subburayan. The plaintiff became a tenant under the said Kuppusamy in the year 1982 and he was doing business in roasted nuts and edible cereals. In the year 1980 Kuppusamy had mortgaged the property with the plaintiff as a security for the borrowing of a sum of Rs. 5,000/-. The said Kuppusamy died on 30.06.1990, leaving behind his Widow Adilakshmi as his only legal heir. Adilakshmi unable to repay the mortgage loan agreed to convey the property to the plaintiff and eventually sold the property for a consideration of Rs. 47,000/- on 17.09.1993 to the plaintiff.

(3.) It is the further claim of the' plaintiff that a portion of the property collapsed due to the heavy rains during October and November 1993 and hence the plaintiff was forced to stop his business. Taking advantage of the same, the first defendant trespassed into the property and occupied the same. Claiming that he is the absolute owner, pursuant to the Sale Deed executed, by Adilakshmi on 17.09.1993, the plaintiff seeks, a declaration of his title and recovery of possession.