The requirement of a registered instrument for property transfer under Section 54 of the Transfer of Property Act was emphasized, and adverse possession elements were outlined.

JUDGMENT :

Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 28.02.2019 passed in A.S.No.45 of 2015 on the file of the Sub Court, Kovilpatti, Tuticorin District confirming the judgment and decree dated 04.07.2015 passed in O.S.No.199 of 2013 on the file of the District Munsif Court, Kovilpatti, Tuticorin District.

This Second Appeal has been filed challenging the concurrent findings of the courts below. The defendant in the suit in O.S.No.199 of 2013 on the file of the District Munsif Court, Kovilpatti is the appellant herein. The respondents are the plaintiffs in the said suit. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.

2.(i) The suit was filed for permanent injunction restraining the defendant from interfering with the plaintiffs' peaceful possession and enjoyment of the suit schedule properties. The plaintiffs claimed that they are the owners of the suit schedule properties by virtue of a partition deed dated 21.11.2012 registered as document No.4574 of 2012. According to them, originally their father Perumal Nayackar was the owner of the suit schedule properties and patta No.764 was standing in his name for the suit schedule properties. According to the plaintiffs, their father Perumal Nayackar died on 14.08.1989 and even before his death, their mother Nachiyarammal died on 22.11.1987. Thereafter, the plaintiffs have partitioned the properties, which included the suit schedule properties under the aforementioned partition deed dated 21.11.2012 registered as document No.4574/2012.

2.(ii) According to the plaintiffs, the defendant has attempted to encroach upon the suit schedule properties belonging to the plaintiffs as the plaintiffs are residing in a different place and not in the Village, where the suit schedule properties located. According to them, having come to know that the defendant is attempting to encroach upon the suit schedule properties, they lodged a complaint with the Sub Inspector of Police on 20.07.2013 against the defendant. In such circumstances, the suit was filed for permanent injunction.

3. The defendant, as seen from the written statement filed by the defendant, states as follows:

i) The property originally belonged to Sankarappan and after his death, the legal heirs of Acha Nayackar and Perumal Nayackar entered into partition of the properties, which included the suit schedule properties.

ii) The suit schedule properties were allotted to Perumal Nayackar, the father of the plaintiff and other properties were allotted to Acha Nayackar and both peacefully enjoyed their respective properties;

iii) Acha Nayackar had only one son by name Subburaj, the husband of the defendant. According to the defendant, Perumal Nayackar approached Subburaj for developing business of the first plaintiff namely, Atchanna and offered the suit schedule properties for sale and the same was accepted by Subburaj;

iv) On 06.06.1994, 29 years ago, Perumal Nayackar and the first plaintiff orally sold the suit schedule properties to Subburaj, the husband of the defendant for a sale consideration of Rs.27,000/-;

v) From the date of oral sale, Subburaj, the husband of the defendant was paying kist in his name and enjoying the suit schedule properties peacefully;

vi) After the death of Subburaj, the suit schedule properties and other properties were jointly enjoyed by his wife, the defendant in the suit and other legal heirs;

vii) The plaintiffs have no right over the suit schedule properties;

viii) After purchase on 06.06.1994 through an oral sale deed, the defendant's husband Subburaj has deepened the well measuring 23 gajam and has been using the same for his irrigation purpose;

ix) The defendant and her family members were enjoying ancestrally the properties situated at Villicheri Village bid-II in S.No.5/6-B, 5/6-D and 5/6-E and 9/3-C and cultivating crops over the same and irrigating through the well situated in S.No.5/6