AIYAPPA NAICKER, MINOR BY HIS MATERNAL UNCLE AND NEXT FRIEND, GURUSWAMI NAICKER Vs. MEDAI THALAVOI THIRUMALAYAPPA MUDALIAR

JUDGEMENT

(1.) This is an appeal from the District Court of Tinnevelly in a suit brought by the plaintiff to recover possession of certain property from the 1st defendant, the suit being based on a lease granted to the 1st defendant and on title. The present 2nd defendant applied to be made a party alleging 1hat neither the plaintiff nor the 1st defendant had ever any right to the land. This defendant alleged further that he was the owner, and that he was in possession and pleaded adverse possession from enjoyment by his ancestors. The 1st defendant remained ex parte and the suit proceeded between the plaintiff and the 2nd defendant and some supplementary parties.

(2.) The issues framed were "whether the plaint mentioned lease is true and valid, whether the plaint mentioned land belongs to plaintiff and whether plaintiff has been in possession within the statutory period."

(3.) The plaintiff has ali along denied that the 2nd defendant was his tenant and, as far as he is concerned, sought to recover the land on his title. The contention of the 2nd defendant before the lower appellate court was that the plaintiff was only a farmer of the revenue of the land, that the 1st defendant never had any interest and that he had a permanent right of occupancy in it. This contention was negatived by the Court which held that the plaintiff was the sole owner of the land and the 2nd defendant although he had shown possession had not established a permanent right of occupancy.