JUDGMENT

(Prayer: Appeal Suit filed under Section 96 of Code of Civil Procedure, to set aside the judgment and decree dated 08.07.2009 passed in O.S.No.104 of 2005 on the file of the Additional District Judge (Fast Tract Court No.I), Thanjavur and allow the appeal throughout both costs and thus render justice.)

Dr. Anita Sumanth, J.

1. This Appeal Suit challenges judgment dated 08.07.2009 passed by the Additional District and Sessions Judge (Fast Track Court No.1), Thanjavur in O.S.No.104 of 2005. The Suit had been filed by the unsuccessful defendants in the Suit. A2/D2 had passed away pending Suit and is represented by the other appellants/defendants, who are already on record.

2. The prayer in the Suit was for declaration of title in respect of the land admeasuring 70 cents in Old R.S.No.201 Thiruvidaimarudhur Village and Taluk, Thanjavur District (suit property). The Dharmapuram Atheenam Mutt (in short ‘Mutt’)/plaintiff had sought title to the suit property on the ground of both the entries in the revenue records as well as the fact that the entire extent of the land was in its possession.

3. The land comprising suit property had been under lease to one A.P.Jalaludeen, who was paying