Claim of adverse possession requires continuous, open, and hostile possession for a statutory period, along with intention to possess against the true owner, significantly impacting the title of the property.

JUDGMENT :

C.V. KARTHIKEYAN, J.

The plaintiff in O.S.No. 1251 of 2011 on the file of the VII Additional City Civil Court at Chennai is the appellant herein.

2. O.S.No. 1251 of 2011 had been initially filed as C.S.No. 247 of 2006 before the Original Side of this Court and later owing to change in the pecuniary jurisdiction had been transferred to the City Civil Court and renumbered as O.S.No. 1251 of 2011.

3. The plaintiff M/s. Besant Raj International Ltd., a company incorporated under the Companies Act, 1956 had filed the suit seeking a declaration that the plaintiff was the absolute owner of the suit property and for consequential permanent injunction restraining the defendants from either alienating the suit property or interfering with the peaceful possession especially by auction in E.P.No. 1799 of 2003 in O.S.No. 6560 of 1996 on the file of the IX Assistant City Civil Court at Chennai and for costs of the suit.

4. By Judgment dated 11.10.2014, the suit was partly decreed relating to grant of permanent injunction restraining the defendants from interfering with peaceful possession and enjoyment of the suit schedule property by the plaintiff but dismissing the suit relating to the relief sought for declaration of title and for permanent injunction restraining the defendants from alienating the suit schedule property. Aggrieved by the said Judgment, the plaintiff had filed the present Appeal.

5. Notice had been directed to the respondents/defendants and though notice had been served on the first respondent/first defendant, there has been no appearance. The second respondent/second defendant had been set exparte.

6. In the plaint in O.S.No. 1251 of 2011, it had been contended that the suit property originally belonged to Henry Sathyanathan, father of the second defendant, Dr.Mariam Chellappa. The plaintiff was inducted into possession under an agreement of lease dated 14.09.1990 executed by Leela Sathyanathan, widow of late Henry Sathyanathan. The suit property is land and building at old Door No. 35, New No.18, Plot No.68, II Cross Street, Ramakrishna Nagar, Chennai – 600028 measuring 1 ground and 975 sq.ft. The lessor Leela Sathyanathan expired in USA before March 1991. The plaintiff addressed several letters to the second defendant and to her husband Dr.David Chellappa. But however, they did not express any interest over the suit property. The plaintiff stopped paying the rent from March 1991. The plaintiff had been in possession continuously for the past 15 years till the filing of the suit and claimed that title had been perfected by adverse possession of continuous period of more than 12 years. The plaintiff also contended that they spent more than Rs.35,00,000/- to improve the property.

7. The plaintiff further claimed that on 15.03.2006, they received a notice of caveat filed by the first defendant, M/s. Metro General Credit Ltd., addressed to the Managing Director of the plaintiff company. They then made enquiries and came to note that the first defendant had filed C.S.No. 365 of 1990 on the file of the Original Side of the High Court which suit was later transferred and renumbered O.S.No. 6560 of 1996 on the file of the City Civil Court, Chennai against Leela Sathyanathan and two others seeking a money decree for Rs.5,07,580/-. The second defendant had been brought on record after the death of Leela Sathyanathan. The defendants had remained exparte. An exparte decree was thereafter passed on 21.09.1998. Thereafter, E.P.No. 1799 of 2003 had then been filed in the City Civil Court by the first defendant herein. Thereafter, visitors came to the suit property to inspect the same to purchase the same in Court auction. It was under those circumstances that the suit had been filed seeking the reliefs sought as stated above.

8. A written statement was filed by the first defendant wherein it had been claimed that they are carrying on business as Hire Purchase Financiers in Chennai for several years. One A.Ponraja alias A.S.Ponraja h