IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 27.11.2025 PRONOUNCED ON : 04.12.2025 CORAM:

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN S.A.No.495 of 2000 Badrappa ... Appellant Vs.

1.S.G.Gope Gowdu

2.G.Kempaiah

3.M.Munia Gowdu

4.Soodama ... Respondents PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure against the judgement and decree dated 11.12.1996 in A.S.No.150 of 1996 on the file of Subordinate Court, Hosur, confirming the judgment and decree dated 18.03.1996 in O.S.No.692 of 1993 on the file of the District Munsif, Denkanikottai.

For Appellant : Mr.V.Sekar for Mr.C.R.Muralidharan For Respondents

1 & 2 : Mr.G.Vigneswaran for Mr.V.Nicholas For Respondents

3 & 4 : No appearance

JUDGMENT

The plaintiff appeals. He assails the judgment and decree of the learned Subordinate Judge at Hosur in A.S.No.150 of 1996 dated 11.12.1996 in confirming the judgment and decree of the learned District Munsif at Denkanikottai in O.S.No.692 of 1993 dated 18.03.1996. By these two judgments, the trial court as well as the lower appellate court dismissed the suit for declaration of title and for injunction presented by the appellant.

2. For the sake of convenience, the parties shall be referred to as per their ranks in the suit.

3. The case of the plaintiff is that the larger extent of the suit schedule mentioned property is to an extent of 2 acres. It originally belonged to Dhigganti Malle Gowdu and Kempe Gowdu. Dhigganti Malle Gowdu and Kempe Gowdu was entitled to 1 acre each. Dhigganti Malle Gowdu executed a settlement under a registered settlement deed dated 12.11.1948. Under this document, he gave the property to his sons (i) Doddanu @ Mallaiah, (ii) Jogiappa, (iii) Chikkunnau @ Mallaiah, (iv) Malliah, (v) S.M.Gopiah, (vi) Appoji @ Mallaiah with specific extent.

4. Doddanu @ Mallaiah did not have any children, Hence, he adopted, one, S.M.Krishnamoorthy as his son. Appoji @ Mallaiah died unmarried and issueless. The remaining sons of Dhigganti Malle Gowdu viz., Jogiappa, Chikkunnu @ Mallaiah, Malliah, S.M.Gopiah and S.M.Krishnamoorthy, the adopted son of Doddannu @ Mallaiah, executed a sale deed dated 30.03.1983 in favour of the plaintiff. Thereafter, the plaintiff took possession and enjoyment of the same.

5. The plaintiff further stated that, of the one acre, which went to the share of Kempe Gowdu, Kempe Gowdu and his brother, Munia Gowdu partitioned the property and Munia Gowdu was allotted half share in the suit schedule mentioned property. This 50 cents, which came to Munia Gowdu, fell to the share of his wife, Devamma, who executed a settlement deed on 15.06.1950 in favour of her daughter, Kenjamma and son-in-law, Somalingappa. Hence, they became the owners of 50 cents in survey No.47/4. They, in turn, sold the 50 cents in favour of the plaintiff, by way of a registered sale deed dated 30.03.1983. As the defendants denied his title and attempted to interfere with his possession, the plaintiff sought declaration of title for 1 acre 50 cents within the specified boundaries in the schedule mentioned property.

6. The defendants filed a written statement pleading that, the property belonged absolutely to Kempe Gowdu. They, being the sons and grandsons of Kempe Gowdu, have been in possession and enjoyment of the property after the death of Kempe Gowdu. They pleaded that, Malliah and Munia Gowdu, did not have any right over the property. They also pointed out that between the parties, a suit had been presented earlier in O.S.No.191 of 1983 on the file of the District Munsif Court, Hosur. They pointed out that, they had been in possession of the property by mutating the revenue records in their favour. Therefore, the plaintiff is not entitled to any relief.

7. On the basis of these pleadings, the trial court framed the following issues:

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