R.N.MANJULA
E. B. Lingan – Appellant
Versus
J. R. Bellie (Died) – Respondent
JUDGMENT :
(Prayer: This Second Appeal is filed under Section 100 of Code of Civil Procedure to set aside the judgment and decree dated 29.06.2009 in A.S.No.33 of 2007 on the file of the Sub Court, Uthagamandalam confirming the decree and judgment dated 18.04.2005 in O.S.No.88 of 1997 on the file of the District Munsif’s Court, Coonoor.)
1. This Second Appeal is preferred against the judgment and decree dated 29.06.2009 passed by the learned Subordinate Judge, Uthagamandalam in A.S.No.33 of 2007.
2. The sixth defendant is the Appellant herein and the deceased first respondent was the plaintiff.
3. The averments made by the parties in brief:-
The plaintiff is the absolute owner of the land measuring 47 cents in R.S.No.201 of Jagathala Village and the property has got specific boundaries described in the suit schedule. He derived title by way of inheritance from his father late J.M.Ranga Gowder. The suit property was the ancestral property of the plaintiff and it was in the continuous enjoyment of the plaintiff and his ancestors for so many years. The plaintiff was cultivating the suit property by raising crops and he has produced the Chitta and Adangal extracts to show the same. On 28.02
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