JU D G M E N T

This Second Appeal is preferred against the judgment and decree dated 28.04.2011 passed in A.S.No.43 of 2010 confirmed the judgment and decree dated 02.09.2010 passed in O.S.No.225 of 2002 on the file of the District Munsif Court, Panruti.

2. The plaintiff's case is that the suit property originally belong to the father of the plaintiff namely Duraisamy. The said Duraisamy and his son Pakkiri were granted patta by the Government. The said Duraisamy was in possession and enjoyment of the suit property till his death for more than 60 years and after his demise, the plaintiff is in possession and enjoyment of the suit property till today. Thereafter, Pakkiri also died as unmarried. Therefore, the plaintiff is the only legal heir of both Duraisamy and Pakkiri. So, the plaintiff is the only absolute owner of the suit property.

3. While so, the defendant who is an adjacent owner purchased the property from one Munusamy in the year 1992, who was in possession of only 15 feet in East-West and 66 feet in the North-South. But the defendant has purchased the property from Munusamy to an extent of East-West 23 feet. The said Munusamy had right only to execute a sale deed in respec