SENGODA GOUNDER Vs. KOMARASAMI GOUNDER

JUDGEMENT

(1.) SECOND Appeal No.1360 of 1988 arises out of O.S.No.163 of 1985 and SECOND Appeal No.1361 of 1988 arises out of O.S.No.227 of 1985, both the suits on the file of the Subordinate Judge's Court, Sankari.

(2.) SUIT O.S.No.163 of 1985 was for declaration that the plaintiffs therein were entitled to the suit property and for permanent injunction restraining the defendants and their men from in any way interfering with the plaintiffs peaceful possession and enjoyment of the suit property. O.S.No.227 of 1985 was for a permanent injunction restraining the defendants therein, their men, servant, and agent from in any way interfering with the peaceful possession and enjoyment of S.No.31/1A by the plaintiffs.

(3.) THE first defendant, namely, Kumarasami Gounder, filed a written statement disputing the mode of allotment pleaded by the plaintiffs and stating that the lands had been divided east-west and not north-south as claimed by the plaintiffs. THE land in the possession and enjoyment of the defendants was sub-divided as S.No.31/1A measuring 2.52 acres in the recent government Survey conducted just prior to the suit and the defendants were given patta for the said lands. THE sub-divisions were effected as power the respective separate possession and enjoyment of the parties. THE defendants had been given patta under patta Nos. 4 and 3 in respect of S.No.31/1A measuring 1.02.0 hectares equivalent to 2.52 acres. So also, the plaintiffs had been given patta S.No.31/18 measuring 2.27 acres. THEre was no doubt an oral partition even during the life time of their ancestors, namely, Sengoda Gounder, Kumarasami Gounder and Sellappa Gounder about 50 years prior to the suit, and 7.29 acres in S.No.31/1 and their other lands were orally divided and partitioned among the three sharers and eversince each of them had been in separate possession and enjoyment of his share and these separate shares devolved on their respective heirs. In the property, Sengoda Gounder was allotted about 2.50 acres on the eastern side and on the northern portion from the road in the south-north strips. THE said share has been sub-divided as S.No.31/1C to 31/1K as per the possession and enjoyment of respective parties. THE western northern portion 2.52 acres, out of 7.29 acres, was allotted to Kumarasami Gounder, the defendants ancestors from the road in the South in South to northern strip and the same had been sub-divided as S.No.31/A measuring 1.02.0 hectares out of 2.52 acres. THE middle share was allotted to Sellappa Gounder and the same was in the possession and enjoyment of the plaintiff's son Palani Gounder. THE Government under the scheme of Update Survey and Settlement had measured the separate possession and enjoyment of the parties and accordingly sub-divided as per their separate possession and enjoyment and separate patta had been issued. It was only the plaintiffs, who tried to commit trespass and the same was averted by the intervention of the defendants and other respectable persons. THE defendants filed O.S.No.68 of 1983 before the Vacation Civil Judge, Salem and in I.A.No.710 of 1983 obtained an order of interim injunction against the plaintiffs from committing trespass. THE said suit was re-numbered as O.S.No.327 of 1983 after the summer vacation, on the file of the District Munsif, Tiruchengode. THE plaintiffs had suppressed the filing of the earlier suit.