S.A.No.1434 of 2010

and M.P.No.1 of 2010

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA

S.A.N

o.1434 of 2010

and M.P.No.1 of 2010

1.Muthulakshmi @ Muthalu

2.Muthukumar

... Appellants

..Vs..

1.Ramachandran

2.Vasantha

3.Prabakaran

4.Santhosh Kumar

5.Kuppura Bi

6.District Collector,

Villupuram, Office of the Collector.

7.The Revenue Divisional Officer,

Office of the Revenue Divisional Officer,

Thirukovilur.

8.The Tahsildar,

Taluk Office, Thirukovilur.

... Respondents

PRAYER : Second Appeal filed under Section 100 C.P.C., against the

decree and judgment dated 29.04.2010 in A.S.No.42 of 2009 on the file

of the Sub Court, Villupuram, upholding the decree and judgment in

O.S.No.94 of 2005 dated 24.09.2008 on the file of the Principal District

Munsif, Thirukovilur.

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S.A.No.1434 of 2010

and M.P.No.1 of 2010

For Appellants

: Mr.R.Asokan

For RR1 to 4

: Mr.Gnanamurthy

for Mr.N.Suresh

For R5

: No appearance

For RR6 & 7

: Dr.S.Suriya, AGP

JUDGMENT

The unsuccessful Plaintiffs before both the Courts below have

filed the present second appeal. The plaintiffs filed the suit in O.S.No.94

of 2005 before the Principal District Munsif, Thirukovilur, for declaration

of their title to the suit property, morefully described in the plaint as a

house site with two thatched houses admeasuring 300 sq.ft. in

Gramanatham S.No.610/5 of Thirukovilur Taluk, Villupuram District. The

plaintiffs have also prayed for a permanent injunction restraining the

defendants 6 to 8, who are the government officials, from cancelling the

patta which stands in the name of the second plaintiff and for costs.

2. For the sake of convenience, the parties are referred to as per

their ranking in the trial court and at appropriate places, their rank in the

present second appeal would also be indicated.

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S.A.No.1434 of 2010

and M.P.No.1 of 2010

3. The case of the plaintiff in nutshell is as follows:

The suit property originally belonged to Chellammal, mother of

the first plaintiff and she handed over possession of the suit property in

her favour (first plaintiff). Though Chellammal had another daughter by

name Poongkovil Ammal, she was not given any right over the suit

property. After the death of Chellammal, the first plaintiff has been in

possession and enjoyment of the suit property by paying necessary tax to

the Government. Thus, she has perfected title to the suit property by way

of adverse possession and prescription. The first defendant, who is the

husband of the first plaintiff, misrepresented to the Village Administrative

Officer, Thirukovilur Town Panchayat and got the house tax receipt

changed in his name. Thereafter, the plaintiffs gave a representation to the

Village Administrative Officer who after conducting an enquiry changed

the patta in the name of the second plaintiff. He also issued the Certificate

(Ex.A3) dated 18.05.2004 stating that the second plaintiff is the owner of

the suit property. Thereafter, the plaintiff issued a notice to the defendants

1 & 2 for which there was no response from them. Electricity service

connection still stands in the name of the first defendant. The fifth

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S.A.No.1434 of 2010

and M.P.No.1 of 2010

defendant, Kuppura Bi is a tenant in respect of Door No.148 for a

monthly rent of Rs.200/-. The first defendant is receiving the entire rents

from the said defendant. Though notice was issued by the plaintiff to the

first defendant in this regard, the first defendant refused to receive the said

notice. The defendants 7 & 8, who are the official respondents, are now

taking steps to change the patta, which stands in the name of the second

plaintiff, in the name of the second defendant. Hence the suit.

4. The written statement of the second defendant was adopted

by