MARKANDEY KATJU, S.B.SINHA
M. DURAI – Appellant
Versus
MUTHU – Respondent
S.B. SINHA, J. - The plaintiff is in appeal before us from a judgment and decree dated 16 - 2 - 1999 passed by the High Court of Judicature at Madras in Second Appeal No. 671 of 1987 whereby and whereunder the appeal preferred by the respondents herein from a judgment and order dated 25 - 11 - 1986 of the Subordinate Judge, Tiruvallur, Tamil Nadu which in turn reversed the judgment and decree dated 10 - 9 - 1984 dismissing the suit of the appellant was allowed. The plaintiff claimed title over the suit property by reason of a deed of sale dated 19 - 8 - 1978. The respondents, admittedly, are in possession of the said property. As the respondents refused to vacate the suit land, the aforementioned suit was filed. The respondents in their written statement, inter alia, contended as follows:
" ... The plaintiff is not the owner of the suit items. These defendants are living in the Cherinatham and the defendants are in continuous, open and uninterrupted possession of the house site and the backyard. In the backyard, there are very huge Othia trees, date trees, Portia trees and other trees which are there for generations. They were planted by the defendants ancestors. These defendants
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