The judgment emphasizes the importance of valid documentation for establishing property ownership and highlights the contradictory nature of claiming adverse possession against one's own property.

JUDGMENT :

Prayer: Second Appeal has been filed under Section 100 of CPC against the Judgment and Decree dated 02.11.2007 passed in A.S.No.56 of 2005 on the file of the Subordinate Court, Tiruvellore, reversing the Judgment and Decree dated 29.04.2005 passed in O.S.No.35 of 2001 on the file of the District Munsif Court, Pallipattu (Tiruttani - O.S.No.383 of 1993).

1. Challenge in this second appeal is made to the Judgment and Decree dated 02.11.2007 passed in A.S.No.56 of 2005 on the file of the Subordinate Court, Tiruvellore, reversing the Judgment and Decree dated 29.04.2005 passed in O.S.No.35 of 2001 on the file of the District Munsif Court, Pallipattu (Tiruttani - O.S.No.383 of 1993).

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3. The defendants 1, 3 to 5 are the appellants in the second appeal.

4. Suit for declaration and permanent injunction.

5. The case of the plaintiffs in brief is that the plaint 'A' schedule property belonged to the plaintiffs' father Thiruvengada Mudali by way of an oral sale for a sum of Rs.143/-from the deceased Narayanavanam Kanniappa Mudali on 20.05.1947, who inturn purchased the same from the deceased Muthappa Mudali for a sum of Rs.45/- by way of the registered sale deed dated 25.07.1906 and since the date of purchase, Thiruvengada Mudali has been in the possession and enjoyment of the abovesaid property by putting up a thatched house and subsequently, modified it as tiled house and also paying house tax. The plaintiffs are the sons of Thiruvengada Mudali and they had been enjoying the plaint 'A' schedule property along with her father continuously and uninterruptedly from the date of purchase and the plaintiffs' father died in the year 1992 and before his demise, on 20.12.1991 he has left a Will bequeathing the plaint 'A' schedule property in favour of his wife Bagyamma, who in turn executed a registered settlement deed dated 26.04.1992 in favour of the plaintiffs and thus the plaintiffs became absolute owner of the plaint 'B' schedule property. After the marriage, the plaintiffs were forced to live in different places and by the consent of all the plaintiffs, the 4th plaintiff was allowed to live in the suit property and look after the same and after his marriage in the year 1983, the 4th plaintiff brought his mother-in-law Osurammal and permitted her to stay with him as she has no male issue. The plaintiffs have also perfected their right and title to the suit property by way of the adverse possession. The first defendant has no manner of right, title or interest over the suit property but attempted to interfere with the plaintiffs' peaceful possession and enjoyment of the plaint 'B' schedule property during August, 1992 and the plaintiffs issued the legal notice dated 21.08.1992 and despite the same, the defendants had been attempting to interfere with the plaintiffs' possession and enjoyment of the plaint 'B' schedule property on the footing that she had purchased the plaint 'A' schedule property from the third defendant. The third defendant is an utter stranger and nothing to do of the suit property. The defendants 1 to 3 had never been in the possession and enjoyment of the plaint 'B' schedule property at any point of time and the defendants 1 & 2 sent a reply dated 02.09.1992 containing the false allegations. Hence, according to the plaintiffs, they had been necessitated to lay the suit against the defendants for appropriate reliefs.

6. The defendants resisted the plaintiffs' suit contending that the suit is not maintainable either in law or on fact and it is false to state that the plaint 'A' schedule property belonged to the plaintiffs' father Thiruvengada Mudali by way of the oral sale for a sum of Rs.143/- from one Narayanavanam Kanniappa Mudali on 20.05.1947 and Narayanavanam Kanniappa Mudali purchased the same from Muthappa Mudali for a sum of Rs.45/- under the registered sale deed dated 25.07.1906 and since the date of purchase