B.K.C. CHOKKALINGAM Vs. SUNDARESAN AND ORS.

JUDGEMENT

(1.) DEFENDANT , who suffered a decree in a suit for declaration of title and delivery of possession, has projected the instant Appeal against the judgment and decree dated 02.04.2013 passed by the learned Principal District Judge, Krishnagiri, in A.S. No. 35 of 2012 confirming the judgment and decree dated 14.07.2011 passed by the learned District Munsif, Krishnagiri, in O.S. No. 81 of 2007.

(2.) ACCORDING to the plaintiffs, who are minors represented by their mother and natural friend, the suit properties originally belonged to their paternal grandfather Varadaraj, who gifted them in their favour by Gift Deed dated 09.3.2000. It is stated that the said gift was accepted by their mother and accordingly, mutation was effected in the revenue records. While so, the defendant, who is adjacent owner of the suit lands, surreptitiously took possession of the suit lands in the month of June 2002 and when the plaintiffs demanded him to hand over possession of the suit lands, he denied their title. Hence, the suit came to be filed.

(3.) BEFORE the trial Court, the plaintiffs' mother and guardian examined herself as P.W. 1 besides examining two more witnesses as P.W.2 and P.W.3 and marked Exs. A.1 to A.4. On behalf of the defendants, the defendant besides examining himself as D.W.1, examined five more witnesses as D.W.2 to D.W.6 and marked documents Exs. B.1 to B.8.