RAJAVEL Vs. RAJAGOPAL

JUDGEMENT

(1.) THE appellants herein are the defendants 1 and 3 in O.S. No.132 of 2005 on the file of the learned District Munsif -cum -Judicial Magistrate, Neyveli in Cuddalore District. The second defendant was one Mr. Ramasamy who remained ex -parte throughout. The respondents herein are the plaintiffs in the suit. The learned District Munsif by decree and judgment dated 11.11.2011, has granted decree declaring that the second plaintiff is the absolute owner of the suit property and further granted decree for recovery of vacant possession of the property from the defendants in favour of the second plaintiff. As against the same the appellants filed an appeal before the learned Subordinate Judge, Neyveli in A.S. No.18 of 2011. By decree and judgment dated 03.08.2013, the lower Appellant Court dismissed the appeal thereby confirming the decree and judgment of the Trial Court. Challenging the same, the appellants are before this Court with this appeal.

(2.) THIS appeal has come up today for admission. I have heard Mr.S.Kadarkarai the learned counsel appearing for the appellants and Mr.V.Ragavachari learned counsel appearing for the respondents as well as perused the records carefully.

(3.) THE case of the defendants is one of adverse possession. According to the first defendant, he was in possession and enjoyment of the suit property for a number of years and then he executed a settlement deed on 30.09.1992 (Ex.B3) in favour of the third defendant and thus the third defendant is the absolute owner. It is also stated that the patta has been transferred in the name of the third defendant and the revenue records stands in the name of the third defendant. Thus, according to the case of the defendants, the third defendant is the absolute owner and she is in possession and enjoyment of the suit property.