PERIASAMY Vs. JOSEPH NADAR

JUDGEMENT

(1.) THE aggrieved defendant has filed the appeal against the judgment and decree in A.S.No.36 of 1980 on the file of Additional Sub Court, Tuticorin, dated 22.7.1981 reversing the judgment and decree in O.S.No.228 of 1977, dated 31.10.1979.

(2.) THE case in brief is as follows: THE plaintiff filed suit, seeking the relief of declaration and permanent injunction against the defendant. THE properties are a house bearing door No.5-A at Palayamkottai Road,Tuticorin with a vacant site with 2 small huts, THE plaintiff is in exclusive possession and enjoyment of the properties for more than 19 years and he has been directly paying the house tax and land tax. THE properties were measured and survey stones have also been planted on the boundaries by the authorities. He has prescribed his title to the properties by adverse possession. THE defendant is interfering with his possession and enjoyment. THE defendant filed a suit against the plaintiff in the Panchayat Board, Tuticorin for recovery of arrears o rent and the case is also pending.

(3.) POINTS: