IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.05.2025 CORAM:

THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI and M.P.No.1 of 2011 Selvaraj … Appellant / 3rd defendant vs.

1.Arokkiasamy … 1st Respondent / Plaintiff

2.The District Collector, Vizhupuram.

3.The Revenue Tahsildar, Kallakurichi … Respondents 2 & 3 / Defendants 2 & 3 PRAYER: This Second Appeal is filed under Section 100 of C.P.C., against the Judgment and Decree of the Sub-Court, Kallakurichi, dated 30.11.2010 made in A.S.No.26 of 2009 reversing the judgment and decree of II Additional District Munsif Court, Kallakurichi dated 25.08.2009 made in O.S.No.439 of 2005.

For Appellant : Mr.A.Arun Babu For Respondents : Ms.B.N.Sivagama Sundari[R1]

Mr.P.Gurunathan[R2 & R3]

Additional Government Pleader

JUDGMENT

This second appeal has been preferred by the 3rd defendant against the judgment and decree dated 30.11.2010 passed in A.S.No.26 of 2009 by the Sub-Court, Kallakurichi.

2. Parties are indicated herein as per their litigative status and ranking before the trial Court.

3. According to the plaintiff, the suit property, 0.99 cents of waste land situated at Karadisithoor Village, Kallakurichi Taluk in dry S.No.58/1, patta No.446, absolutely belongs to the plaintiff. The suit property is waste land belongs to the Government. His father Appavu @ Agasthiyar got the assignment of said land in his favour as per TKT No. 505/79 dated 30.10.1970 and he had been in possession and enjoyment of the suit property. He died intestate in the year 2002 leaving behind the plaintiff, his mother Agathammal, sisters Selvamary, Arokkiyammal, Lourdumary, Rabekkal and Amalorppavan. The plaintiff being the youngest member in the family and only son, the other persons as mentioned supra have orally relinquised their shares in favour of the plaintiff. Since 34 years, the plaintiff and his father have been in possession of the suit property continously, thereby prescribed title by adverse possession.

4. Further more, the 3rd defendant Tr.Selvaraj, son of Asirvadham, who does not have any right or enjoyment in the suit property, claims to have obtained patta from the first and second defendants herein as per the Updating Registry Scheme and in order to prevent the plaintiff from enjoying the said property, he denies the title of the plaintiff to the suit property. He is also trying to sub-divide the suit property with the help of the second defendant herein. Hence, the suit is filed for the relief of declaration of title and for permananent injuction, not to interfere with the peaceful possession and enjoyment of the suit property.

5. It has been averred that the suit property namely, S.No.58/1, 0.90 cents was assigned in favour of the father of the plaintiff and he was in possession and enjoyment of the suit property. As per the oral partition that took place in their family and as per the Updating Registry Scheme, 1982, based on his enjoyment over the suit property, patta was granted in favour of the plaintiff's father; Plaintiff's father Appavu @ Agasthiyar and defendants' father Asirvadham are brothers. After the death of plaintiff's father, 3rd defendant started to give trouble to the plaintiff's enjoyment of the suit property. The patta has been transferred in the name of the 3rd defendant as he is the elder person. The plaintiff has given incorrect details in the plaint and the patta was granted in favour of the third defendant under the Updating Registry Scheme, 1982.

6. Contending contra, the third defendant Selvaraj, S/o Asirvadham would contend that originally the suit property was a levelled and improved by the plaintiff's father as well as the defendants' father and it was in the joint possession and enjoyment of both persons. After the demise of plaintiff's father and his father, the suit property is in possession and enjoyment of the 3rd defendant, who is the elder person and the patta has been transferred in the name of the 3rd defendant. There was no fault on the part of the first and second defe