The burden of proof in title suits rests with the plaintiffs to establish a superior title; revenue entries are insufficient to confer ownership.

JUDGMENT :

K. GOVINDARAJAN THILAKAVADI, J.

1. The second appeal is directed against the judgement and decree dated 07.04.2010 in A.S.No.55 of 2008 on the file of the Sub Court poonamallee, confirming the judgement and decree dated 26.02.2004 in O.S.No. 28 of 1994 on the file of the District Munsif Court, poonamallee.

2. The appellants are the defendants and the respondents are plaintiffs in the above suit. The respondents as plaintiffs filed the above suit in O.S.No. 28 of 1994 for declaration of plaintiff's title to the suit property and for mandatory injunction directing the defendants to cancel the nature of the suit property under the classification of 'Tarisu' and record the same as the regular patta land in the Revenue records and for cost. The learned District Munsif, Poonamallee, by the judgement and decree dated 26.02.2004 decreed the suit. Not satisfied with the findings arrived at by the learned District Munsif Poonamallee, the defendants preferred an appeal in A.S. No. 55 of 2008 on the file of the Sub Court Poonamallee praying to set aside the judgement and decree dated 26.02.2004 passed by the learned District Munsif, Poonamallee.

3. By judgement and decree dated 07.04.2010 the learned Sub Judge, Poonamallee dismissed the appeal suit by confirming the decree passed by the trial court in respect of the suit property. Aggrieved over the same, the defendants are before this Court with present the second appeal.For the sake of convenience, herein after the parties would be referred as described by the trial Court.

4. The averments made in the plaint in brief are as follows:

The suit property originally owned by one Kari krishnama Chetty who sold the property to the plaintiff's grandfather the late Narasimhalu Naidu in the year 1912 for a sum of Rs.50/- by an oral sale. The plaintiff's grandfather Narasimhalu Naidu took possession of the suit property in pursuance to the oral sale and he became the absolute owner of the suit property and he was in peaceful possession and enjoyment of the same till his death in the year 1914. After the demise of the said Narasimhalu Naidu, the said property was inherited by his only son Kistappa Naidu, the father of the plaintiff. The said kistappa Naidu was in possession and enjoyment of the suit property till his death on 31.05.1983. The said Kishtappa Naidu had bequeathed all his properties including the suit property in favour of his sons, namely the plaintiffs herein, under a duly executed and registered Will dated 01.06.1981. After the demise of their father, the plaintiffs continued to be in possession and enjoyment of the suit property along with other properties as absolute owners thereof. In pursuance of their ownership, the Revenue Authorities have issued patta in the name of their father on 12.01.1970. The plaintiffs father was paying the kist and other charges to the Revenue Authorities till his death. The plaintiffs are now paying the kist and other charges for the suit property. They have also obtained tractor loan from the Land Development Bank at Poonamallee for which the property is shown as security. Thereafter, the plaintiffs came to know that the suit property was classified and was recorded as 'Tharisu' in the revenue records. The said entry is totally incorrect as the suit property cann