R.SEGAR Vs. THIAGARAJAN

JUDGEMENT

(1.) This second appeal is directed as against the judgment and decree dated 19.08.2003, in A.S.No.55 of 1980 on the file of the Principal District Court, Pondicherry, confirming the decree and judgment dated 18.02.1980 in O.S.No.124 of 1976 on the file of the Additional District Munsif Court, Pondicherry.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

(3.) The case of the plaintiffs in brief is that the plaintiffs are the owners of the suit schedule property and it was purchased on 22.06.1948 by the first plaintiff, who is the elder brother of the second plaintiff from one, Muthiahmudaliar. From the date of purchase, they were in possession and enjoyment of the property as absolute owners for more than five years. Thereafter their relative, namely maternal uncle was permitted to reside there for his avocation. The plaintiffs left the place and went to difference places in Pondicherry as well as Tamil Nadu. After two years the maternal uncle also had left the suit property. At that juncture, utilising the absence of the plaintiffs, the defendant's father Ramanatha Mudaliar trespassed into the suit property and started putting up a thatched hut. At that time, the first plaintiff happened to be present at Pondicherry came to knowledge about the same and objected from putting further construction in the suit schedule property. Again, the first plaintiff went to Pondicherry for his avocation. The suit schedule property remained vacant land and taking advantage of the absence of the plaintiffs, the defendants are being the sons of the said Ramanatha Mudaliar have trespassed into the property as if it was purchased by them. Hence, the plaintiffs filed the suit for recovery of possession and injunction.