ARUMUGAPANDIAN Vs. SARASWATHI

JUDGEMENT

(1.) THE writ petitioner and the original first respondent jointly purchased a property on 01.07.1981 measuring 2 acres 21 cents in S.No.233/2B at Thirukurungudi Village, Nanguneri Taluk, Tirunelveli District. The original first respondent is the brother -in -law of the petitioner i.e. the present first respondent is the wife of the original first respondent, who is now no more.

(2.) THE first respondent has no issue. The first respondent adopted the daughter of the petitioner by way of an adoption deed in the year 1980. However, the relation between the two families was not good and there was misunderstanding. In these circumstances, a registered partition deed was entered into between the petitioner and the original first respondent on 04.12.1987. As per the partition deed, out of the afore -said 2 acres 21 cents, the western 1/2 portion of 1 acre 9 cents was allotted to the original first respondent. After the afore -said partition, the adopted girl came to the natural father/the petitioner, during 1988. Later, the adoption deed was also cancelled on 10.08.1988.

(3.) THE Trial Court rejected Ex.A6 -the lease agreement on the ground that it was not believable and it was not a reliable document. However, the Trial Court decreed the suit on 30.09.1994 on the ground that the petitioner was in possession of the property. The Trial Court did not record a finding as to whether the petitioner was a tenant and the matter was left open to the petitioner to prove that he was a tenant before the appropriate forum. The afore -said judgment of the trial Court was confirmed by the Appellate Court on 29.06.2005 and that may not be relevant for the purpose of this case.