NAMASIVAYA THEVAR Vs. VENKADUSWAMY KONAR

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 22.12.1994, made in A.S.NO.8 of 1993, on the file of the Subordinate Court, Nagapattinam, confirming the judgment and decree, dated 25.11.1991, made in O.S.No,235 of 1987, on the file of the District Munsif Court, Thiruthuraipoondi.

(2.) THE defendants in the suit, in O.S.No,235 of 1987, are the appellants in the present second appeal. THE plaintiff had filed the suit praying for the declaration of title and for permanent injunction in respect of the suit property.

(3.) IN reply, the defendants had stated that the suit Survey No.141/1 has an extent of 5.80 acres. On 29.5.1964, a joint patta had been issued showing that it belonged to 16 persons. The name of Govinda Konar had never found a place in the patta issued in respect of the suit survey number. He was never in enjoyment of the land, either by himself or through any other person. The document, dated 19.10.1986, is invalid and it has been created by the plaintiff and Dharmaiya Konar, fraudulently. The boundaries shown in the document are not correct. The document has been created only with the mala fide intention of illegally occupying the land found to be within the four boundaries shown in the document. As the land in question is under the possession and enjoyment of the defendants, the plaintiff is not entitled to the reliefs, as prayed for in the suit.