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IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 26.04.2018

PRONOUNCED ON : 04.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAVINDRAN

S.A.Nos.1900 & 1901 of 2003

New Colony Welfare Association

Rep.by its Secretary,

No.2, 6^th Street, New Colony,

Adambakkam, Tambaram Taluk,

Chennai – 88.

...

Appellant in both the

Second appeals

Vs.

1. A.R.Sridharan

...

1^st Respondent in S.A.No.1900

of 2003 and Respondent in

S.A.No.1901 of 2003.

2. Alandur Municipality

Rep.by its Commissioner

Having office at Alandur

Tambaram Taluk, Chennai – 16.

3. R.Kannan

... 2^nd and 3^rd Respondents in

S.A.No.1900 of 2003

Prayer :- Second Appeals have been filed under Section 100 of CPC

against the Judgement and Decree dated 28.02.2003 passed in

A.S.Nos.18 of 2002 & 28 of 2002 on the file of the Additional Subordinate

Court, Chengalpattu, confirming the Judgment and Decree dated

31.03.1999 passed in O.S.Nos.59 of 1997 & 60 of 1997 on the file of the

District Munsif cum Judicial Magistrate Court, Alandur.

For Appellant

: Mr.V.Raghavachari

in both the Second

Appeals.

For Respondent No.1

: Mr.V.Bhiman

in S.A.No.1900 of 2003

and Respondent in

S.A.No.1901 of 2003.

Respondent Nos.2 & 3 : No appearance

in S.A.No.1900 of 2003

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COMMON JUDGMENT

The second appeals are directed against the Judgement and Decree

dated 28.02.2003 passed in A.S.Nos.18 of 2002 & 28 of 2002 on the file

of the Additional Subordinate Court, Chengalpattu, confirming the

Judgment and Decree dated 31.03.1999 passed in O.S.Nos.59 of 1997 &

60 of 1997 on the file of the District Munsif cum Judicial Magistrate Court,

Alandur.

2. Parties are referred to as per their rankings in the trial Court.

3. O.S.No.59 of 1997 has been laid for the relief of Permanent

Injunction.

4. The case of the plaintiffs, in brief, is that the suit property

belonged to the plaintiffs' ancestors viz., one Chellakkanni Pillai, even

prior to 1875 and subsequently, his sons Punniakkodi, Thepperumal and

Thiruvengada Pillai were enjoying the same and the first and second,

each were enjoying 6 cents and the third was enjoying 5 cents.

Thiruvengida Pillai had only one son by name Vasudeva Pillai, who died

without heirs and the share of Thiruvengida Pillai was left to the heirs of

Ponniakodi Pillai viz., Srinivasa Pillai, Parthasarathy Pillai and Ramanuja

Pillai and even during 1933, Srinivasa Pillai, Parthasarathy Pillai and

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Ramanuja Pillai had been given patta for 11 cents. Thepperumal Pillai had

three sons viz., Rajamannar Pillai, Doraisamy Pillai and Sadagopa Pillai

and of them, Doraisamy Pillai and Sadagopa Pillai died unmarried and

Rajamannar Pillai has been given patta for the share of 6 cents, which

was enjoyed by Thepperumal Pillai and even during 1948, Rajamannar

Pillai has relinquished in his share in favour of Parthasarathy Pillai, the

father of the deceased first plaintiff and Parthasarathy Pillai was enjoying

the same by obtaining patta in his name and thus, the entire 17 cents i.e.

the suit property was in the possession and enjoyment of the heirs of

Punniakodi Pillai jointly and among the sons of Punniakodi, Ramanuja

Pillai died unmarried and Parthasarathy Pillai and Srinivasa Pillai were

sometime enjoying the suit property jointly and thereafter, Srinivasa Pillai

also relinquished his interest in favour of Parthasarathy Pillai and thus,

Parthasarathy Pillai had been in possession and enjoyment of the entire

suit property right from 1940 onwards and Subsequent to him, his son

the deceased first plaintiff viz., Rajagopal Pillai has been in possession

and enjoyment of the suit property in Paimash No.289 and the Paimash

number abovestated is given new Survey Nos.232/1, 232/2 (part) and

232/3 (part) of Adampakkam Village and the suit property is cultivable

Punja land and enjoyed by the deceased first plaint