GNANAMUTHU UDAYAR Vs. ANTHONI

JUDGEMENT

(1.) This second appeal is preferred against the decree and judgment of the learned Subordinate Judge of Tiruchirapalli in A. S. No. 201 of 1950, reversing the well-considered judgment of the learned District Munsif of Ariyalur in O. S. No. 434 of 1946.

(2.) The short facts are: The plaintiffs who are Christian Udayars have purchased the suit property for Rs.500/- under Ex. A-1 dated 11-11-1942 from the deceased Maria Arogyam and Maria Arogyam's grandson and Sowri Ammal. The case for the plaintiffs is that Maria Arogyam is the lawfully wedded wife of Maria Susai Udayar, that Maria Susai Udayar's divided brother is the first defendant and that Maria Susai Udayar died in or about 1939 surviving him his widow Maria Arogyam, his daughter Sowri Ammal and his so Antoniswami. By 11-11-1942 Antoniswami and his wife had died leaving behind them their son Hirudayaswami. In the sale deed Ex. A-1 this Hirudayaswami is represented by Maria Arogyam. Subsequently Hirudayaswami also died. The plaintiff's after purchasing these properties have obtained patta for the same. The first defendant Sowrimuthu Udayar and the other defendants, who claim to be the heirs of Maria Susai Udayar, obstructed the plaintiffs and therefore Bandobust petitions were filed in the Deputy Collector's Court, Ariyalur, and subsequently the suit, out of which this second appeal arises, has been filed for recovery of possession and mesne profits.

(3.) On the other hand, the first defendant and the other defendants put forward a three-fold contention viz., that Maria Arogyam is not the lawfully wedded wife of Maria Susai Udayar; secondly, that the first defendant and Maria Susai Udayar were undivided and the suit properties were acquired with their joint funds; and thirdly, that the defendants have prescribed title to the suit properties by adverse possession.