The court clarified the application of the Hindu Succession Act and the determination of property ownership based on evidence.

1. The plaintiff in the suit is the appellant. The plaintiff filed a suit in O.S. No. 117 of 1979 on the file of the learned Subordinate Judge, Tindivanam for partition of half share in item nos. 1 and 2 and for recovery of possession in respect of item nos.3 to 5 of the suit properties. It was the case of the plaintiff that item Nos. 1 and 2 of the suit properties owned by one Krishnsamy Naidu and the same were his self acquired properties. Thiru.Krishnasamy Naidu died on 1.2.1957 intestate. After his demise his son Devaraj and daughter Ramanujam Ammal partitioned orally the item nos.1 and 2 of the suit properties equally. From then onwards both Devaraj and Ramanujam Ammal were in possession and enjoyment of their respective shares without any interruption. On 14.10.1971, Ramunjam Ammal sold her share of the plaintiff for a sale consideration of Rs. 10,000 through a registered sale deed marked as Ex.A-1. From the date of purchase, the plaintiff is in possession and enjoyment of the properties and is cultivating the land by planting paddy and some trees. The defendants are the owners of adjacent lands to the items 1 and 2 of the suit properties and they have no right whatsoever in respect of the properties purchased by the plaintiff. However, the defendants frequently interfered with the possession and enjoyment by the plaintiff in respect of the suit properties and such an attempt on 31.3.1977 by the defendants was successfully prevented by the plaintiff. Therefore the plaintiff filed the suit for permanent injunction against the defendants in respect of item nos. 1 and 2. It is the further case of the plaintiff that after the filing of the suit the defendants on 23.5.1977 and 16.7.1979 encroached the item nos. 1 and 2 of the suit properties and forcibly took possession of the same. Therefore the plaintiff also prayed for partition of the properties in item nos.1 and 2 and declaration and permanent injunction in respect of the properties mentioned in item nos.3 to 5.

2. The defendants on the other hand resisted the suit by claiming that the claim of the plaintiff in respect of properties mentioned in item nos.1 and 2 are not self acquired properties of Thiru. Krishnasamy Naidu. They also denied that Krishnasamy Naidu died on 1.2.1957. The further case of the defendants was that the said Ramanujam Ammal is not the daughter of Krishnasamy Naidu and Tmt. Sundaram Ammal the mother of Ramanujam Ammal was not the legally wedded wife of Thiru Krishnasamy Naidu and she was only a concubine of Thiru Krishnasamy Naidu. It was further claimed that even if is admitted that Ramanujam Ammal is the daughter of Krishnasamy Naidu through Sundaram Ammal, she is not a legitimate daughter and therefore she is not entitled to any share of the properties belonging to Krishnasamy Naidu. It was further contended by the defendants that the properties in item nos.1 and 2 were the joint family properties of Krishnasamy Naidu and his son Devaraj and there were no separate properties for Krishnasamy Naidu. Thiru. Devaraj was the only person entitled to the rights over the joint family properties after the demise of Krishnasamy Naidu and therefore that the alleged partition between Devaraj and Ramanujam Ammal was not true. Further Ramanujam Ammal had no right over the suit properties since even prior to the Hindu Succession Act came into force Thiru.Krishnasamy Naidu expired. Therefore the question, of partition did not arise. Further it was contended that after the demise of Thiru. Krishnasamy Naidu, Devaraj alone had taken possession and in enjoyment of the properties without any interruption and the right that was claimed by Ramanujam Ammal cannot be sustained and at no point of time Ramanujam Ammal was in possession and enjoyment of the properties and therefore by virtue of adverse possession also Thiru. Devaraj was entitled to the properties in item nos.1 and 2. The defendants further contended that Devaraj sold item No. 1 of the properties