Need clarification regarding my civil case
I am from tamilnadu. I am requesting clarification of my doubt. My grandfather partitioned his property to my father and his elder brother through partition deed dt 24.4.1936. the property is divided into 'A' schedule and 'B' schedule. A schedule is alloted to my father's elder brother. B schedule is alloted to my father.
As per allotment my father's schedule comes first (east facing) behind his elder brother's schedule. In A schedule, it got mentioned that there is a pial portion (north 8 feet and South 5 feet) Belongs to my father's elder brother.
In that street nearly 30 family's are living.
Fact is the whole place is belongs to ekambaranathar kovil devasthanam and all are paying tax to kovil devasthanam till 1967. In 1967 ekambaranathar kovil devasthanam filed a case against all 30 families in order to vacate all the families. Finally the court has appointed Assistant settlement officer and ordered to review and report. Assistant settlement officer reviewed the same and submit his report as per everyone's possession. Finally in judgement, the patta got issued to all 30 families and the ownership is give to respective persons.
Again ekambaranathar kovil devasthanam filed a appeal case in the of 1972 in order to get back the ownership. But again the sub court reviled the judgement confirming the ownership and patta of respective families and also issued the patta number.
From that pial portion is belongs to my father with proper patta dovument and we are paying the municipality tax.
my father passed away in the year of 1984.a1984. after that I am in the possession of the same along with my family. As well aas the ppatta got name transferred to myself in the year of 2006
My father's elder brother also passed away in the year of 1978 andhe don't have son. so that his daughter came to the possession of his property. Later in the year of 1990, she settlement the property to her husband and her son.
now my father's elder brother's daughter's son filed a case against me asking that pial portion based on the 1936 document.
I demolished my old house in the year of 2008 and built a new house. I constructed that pial portion also. It comes part and parcel of my house.
now the case is in trail. Kindly clarify who has the ownership of that pial portion. I am having patta given by assistant settlement officer in favour of me along with 1967 & 1972 judgements. now in court, (os xxxx/ 2008) the case is in trail. Whether judge will consider the patta or 1936 document. Please clarify.