The plaintiff must prove title on their own strength, and the burden of proof lies on the party claiming adverse possession.

JUDGMENT

(Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 02.01.1997 made in A.S.No.63 of 1996 on the file of the Principal Sub Court, Dindigul, reversing the judgment and decree dated 20.07.1993 made in O.S.No.356 of 1988 on the file of the Additional District Munsif''s Court, Dindigul.)

1.1. The defendants in the suit are the appellants. The respondent herein filed a suit for declaration of title and recovery of possession. The suit was dismissed by the trial Court. On appeal filed by the respondent, the findings of the trial Court were reversed and the appeal was allowed. Aggrieved by the same, the appellants have come up by way of this second appeal. Pending second appeal, appellants 1 and 2 passed away and their legal representatives were brought on record as appellants 3 to 6.

1.2. According to the respondent/plaintiff, the total extent in suit Survey No.510/2 is 2 acres and 36 cents. The entire extent was originally belonged to one Angamuthu Asari, who had four sons by name Veerappan Asari, Marudhai Asari, Karuppanan Asari and Kuludhari Asari. Therefore, each entitled to 59 cents in the suit property. Karuppanan Asari''s son Marudhai Asari sold his share of 59 cents in favour of Marudhai Asari''s son Kambian Asari. Therefore, the said Kambian Asari became entitled to 1 acre and 18 cents viz., half of the extent in the suit survey number. Later Marudhai Asari''s son Kambian Asari along with Angamuthu Asari and Arumugam Asari, both sons of Veerappan Asari, sold 1 acre and 33 cents in favour of the respondent/plaintiff under Ex.A.1. The respondent purchased 33 cents from the first appellant/first defendant under Ex.A.2 on 20.06.1981. Thus, the respondent/plaintiff claimed 1 acre and 66 cents under Ex.A.1 and Ex.A.2.

1.3. It was further averred in the plaint that the second appellant purchased 44 cents from the brothers of Kambian Asari recently. It was also alleged that the first appellant/first defendant purchased the share of Angamuthu Asari''s last son Kuludhari Asari and sold 33 cents out of 59 cents to the respondent under Ex.A.2. Thus, the first appellant was entitled to only 26 cents in the suit survey number. It was further alleged that the first appellant entitled to 26 cents on the western side of the suit survey number and the second appellant entitled to only 44 cents on the eastern side of the suit survey number and in between the properties of the first and second appellants, the property of the respondent with an extent of 1 acre and 66 cents is situated. It was further alleged that the first appellant encroached an extent of 16 cents on the eastern portion of the respondent/plaintiff''s land and the second appellant encroached 26 cents on the western portion of the respondent''s land. The encroachment was made by the appellants gradually and it came to light when the Revenue Officials surveyed the land and granted patta to the respondent in the year 1983 only for an extent of 1 acre and 28 cents as against 1 acre and 66 cents. Immediately, a legal notice was issued to the appellants requesting them to surrender portion of the respondent''s property encroached by them. However, they sent a reply denying the encroachment. Hence, the respondent was constrained to file a suit for declaration of title and recovery of possession.

2.1. The appellants herein filed a written statement denying the plea of encroachment made by the respondent. The appellants in their written statement contended that the parties have been in possession and enjoyment of the lands in their respective possession for a quite long time with proper ridges and the Revenue Officials granted patta based on the possession of the respective parties. The appellants also raised a plea that the respondent had not measured the property at the time of sale in his favour and hence, he was not entitled to the extent claimed by him in the suit survey number. The appel