G PAVUNAMBAL Vs. SHARMILA DEVI

JUDGEMENT

(1.) Challenge in this second appeal is to the judgment and decree dated 26.03.2010 passed in A.S. No. 29 of 2009 by the Principal Sub-Court, Thanjavur, wherein the judgment and decree passed in O.S. No. 147 of 2007 by the District Munsif Court, Thanjavur are reversed.

(2.) The Respondents herein as Plaintiffs have instituted O.S. No. 147 of 2007 on the file of the trial Court for the relief of perpetual injunction, wherein, the present Appellants have been shown as Defendants.

(3.) The nubble of the plaint is that the suit property is situate in T.S. Nos. 1516/1 and 1516/2A Karunthatangudi, Thanjavur Town and District. The first Plaintiff is the mother of the second Plaintiff. Both of them have been enjoying the suit property as its rightful owners. The suit property is originally belonged to one Angappa Chettiyar and he has had two wives namely Mariammal and Sengammal. During the lifetime of first wife, the said Angappa Chettiyar has married the said Sengammal as his second wife. On 25.05.1968, he voluntarily executed a will, wherein, the suit property has been shown as A-1 schedule. In the year 1979, he passed away. The said will has been executed in favour of his son Shanmugavel and the said Shanmugavel has passed away leaving behind him the present Plaintiffs as his legal heirs. The Plaintiffs have been enjoying the suit property after the demise of Shanmugavel. The Defendants are not having any semblance of right, title and interest over the same and since the Defendants have been making arrangements to grab the suit property from the Plaintiffs by way of deterring their enjoyment, the present suit has been instituted for the relief sought for in the plaint.