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2014 Supreme(Mad) 3592
Madurai Bench of Madras High Court
V.M. VELUMANI, J.
Ayyasamy
Versus
Chelladurai & Others
S.A. (MD) No. 896 of 2003 & M.P. (MD) No. 1 of 2012
Decided On : 09-10-2014
For the Appellant:K.P. Narayana Kumar for A. Balakrishnan, Advocates.
For the Respondents:R1, A.L. Ganthimathi, Advocate, R2, Given up, R4 & R5, P. Gunasekaran Muthaiah, Government Advocate.
The central legal point established in the judgment is that to prove adverse possession, the claimant must demonstrate hostile possession to the knowledge of the real owners, and the burden of proof lies with the claimant.
Headnote:
Adverse Possession - Property Dispute - [Adverse Possession] - [Transfer of Property Act, 1882, Section 53A; Limitation Act, 1963, Section 27] - The court discussed the appellant's claim of adverse possession and the respondents' challenge to the appellant's title. The court considered the evidence of possession, issuance of patta, and the rejection of the sons of Kuppamuthu's claim for patta. The court held that the appellant failed to prove hostile possession to the knowledge of the real owners, confirming the lower courts' findings that the appellant did not perfect title by adverse possession.
Fact of the Case:
The appellant filed a suit for declaration and injunction against the respondents, claiming ownership of the suit property and alleging interference with his possession. The lower courts dismissed the suit, and the first appellate court upheld the decision, leading to the second appeal.
Finding of the Court:
The court found that the appellant failed to prove adverse possession and the hostile possession of the suit property, confirming the lower courts' findings.
Issues: The main issues were the appellant's claim of adverse possession, the challenge to the appellant's title by the respondents, and the rejection of the sons of Kuppamuthu's claim for patta.
Ratio Decidendi: The court held that the appellant failed to prove hostile possession to the knowledge of the real owners, confirming the lower courts' findings that the appellant did not perfect title by adverse possession.
Final Decision: The second appeal was dismissed, and the appellant's claim of adverse possession was rejected.
V.M. VELUMANI, J.
1. This Second Appeal has been filed against the judgment and decree dated 24.07.2002 made in A.S. No. 93 of 2000 on the file of Principal District Judge, Pudukkottai, confirming the judgment and Decree dated 25.10.1999 made in O.S. No. 12 of 1997 on the file of the Additional District Munsiff, Pudukkottai.
2. The plaintiff is the appellant herein. The suit in O.S. No. 12 of 1997 filed by the appellant on the file of the Additional District Munsiff, Pudukkottai for declaration and injunction against the respondents herein was dismissed on 25.10.1999. A.S. No. 93 of 2000 filed by the appellant against the said judgment and decree dated 25.10.1999 was dismissed by the first Appellate Court on 24.07.2002.
3. The appellant filed O.S. No. 12 of 1997 for a declaration that he is the owner of the suit property and for permanent injunction restraining the respondents from interfering with his peaceful possession and enjoyment of the suit property and restraining the fourth respondent/Tashildar from transferring patta in the name of respondents 1 to 3.
4. The case of the appellant is as follows:-
The suit property originally belonged to one Kuppamuthu Ambalam, who died in Sri Lanka without leaving any legal heirs. Chinniah is the brother of Kuppamuthu and he was power agent of Kuppamuthu. After the death of Kuppamuthu, his brother Chinniah inherited the suit property as legal heir of his brother Kuppamuthu. Patta was issued to Chinniah in the year 1974.
5. When Kuppamuthu died in the year 1974, his brother Chinniah borrowed a sum of Rs. 5000/- from Pudukkottai Co-operative Land Development Bank on the security of suit property and the mortgage was registered as document No. 1815 of 1974 on the file of Sub-Registrars Office, Alangudi. In the year 1991, after paying the dues to the Pudukkottai Co-operative Land Development Bank by Chinniah and his son, he was in possession and enjoyment of land by planting Eucalyptus trees. Chinniah died leaving his son Karuppiah as his legal heir. Karuppiah paid kist to the suit property. The appellant on 21.06.1993 purchased the suit property from Karuppiah for a sum of Rs. 72,600/-. From that date, he is in possession and enjoyment of the suit property.
6. After purchasing the suit property, the appellant applied for issuance of patta. The Tashildar, Alangudi after proper verification issued patta in the name of the appellant. Respondents 1, 2 and 3 filed appeal. The said appeal was allowed remanding the matter to Tashildar, Alangudi for fresh consideration. Respondents 1 to 3 projected certain third parties as legal heirs of Kuppamuthu and created false sale deeds. The application for grant of patta in the names of alleged legal heirs of Kuppamuthu, was rejected by the Sub-Collector in the year 1980 directing them to establish their right through competent Civil Court. Respondents 1 to 3 did not take any action.
7. Chinnaiah mortgaged the suit property as owner in 1974. Hence, the appellant perfected his title by adverse possession on 16.1.1997. Respondents 1 to 3 with large number of persons tried to trespass into the suit property. They have money power and muscle power. Through political influence, they are trying to get patta in their names.
8. Hence, the appellant filed O.S. No. 12 of 1997 for injunction restraining the respondents and their men.
9. The gist and essence in the written statement filed by the first respondent are as follows:-
The suit property originally belonged to one Kandasamy Ambalam, Keezhapatty Rasimangalam Village. Kuppamuthu Servai, son of Karuppan Servai, Keezhapatty Rasimangalam Village purchased the suit property on 19.2.1952 measuring 3 acres and 40 cents in S. Nos. 122/5, Old S. No. 122/16. He left for Sri Lanka leaving the suit property under the management of his brother Chinnaiah. Kuppamuthu Servai had three sons (1) Chinnaiah, (2) Karuppiah (3) Sannasi. Kuppamuthu Servai died in the year 1974 in Sri Lanka. Three sons of Kuppamuthu Se
