CORPORATION OF CHENNAI Vs. UMA DEVI

JUDGEMENT

(1.) Aggrieved over the concurrent findings of the Court below the present second appeal has been filed.

(2.) The brief facts of the Plaintiff's case is as follows: 2(a) The Plaintiff become an owner of the property by virtue of purchase from 19/3/1998 and he is in possession and enjoyment of the suit property. The suit property formed part of the larger extent of the property originally owned by one Mr.Balakrishna Naicker, who is the father-in-law and grand father of the Plaintiff's Vendor. The said Mr.Balakrishna Naicker acquired the suit property under a registered sale deed dtd. 5/7/1937. After his death, the suit property and other properties devolved upon his son Mr.Veera Raghavan Naicker. The said Mr. Veera Raghavan Naicker converted the larger extent into the housing plots and sold several plots and died intestate on 3/3/1990 leaving behind the plaintiff's vendors as his legal heirs to inherit the properties. The legal heirs who have succeeded those properties sold the suit property to the Plaintiff. The plaintiff is in possession of the property. On 10/9/2005 some men removed the thorn bushes put up around the suit property and when the Plaintiff questioned their act, they have informed the plaintiff that they were acting under the instructions of the officials of the defendant Corporation. Hence the suit.

(3.) The case of the defendant in nutshell is as follows: 3(a) The plaintiff is not the owner of the property. The property belongs to the Corporation. Originally the suit property belongs to one Mr.Gopinathan, who has gifted the suit property to the Corporation of Chennai, by way of Gift Deed dtd. 5/4/1977. Besides, the said Gopinathan has also handed over all roads and land in lay out No.24/73 to Velachery town panchayat, for public purpose. The Velachery town property was brought under the city limit, therefore the said property has been vested with the corporation of Chennai. The Plaintiff has no right over the property. The Corporation of Chennai is putting up a compound wall to protect the property from the encroaches. Hence, they prayed for dismissal.