CHINNASAMY ALIAS CHENNIAPPAN Vs. KARUPPAYAL

JUDGEMENT

(1.) The Plaintiff/1st Appellant herein, who succeeded before the Trial Court, but lost his case before the lower Appellate Court, has filed this Second Appeal against the Judgement and Decree dated 8.8.2000 passed in AS.No.26/2000 by the learned Principal District Court, Erode, reversing, the Judgement and Decree dated 26.10.1999 passed in OS.No.89/1998 by the learned District Munsif cum Judicial Magistrate, Perundurai. Since during the pendency of this second appeal, the Plaintiff/1st Appellant died, his legal representatives are brought on record as the Appellants 2 to 5 herein.

(2.) The undisputed facts are that the suit property and the other properties originally belonged to one Kuppichi Gounder and he had four sons by name Nachimuthu Gounder, Karuppana Gounder, Chennimalai Gounder, the father of the Defendants 1 to 6 and the grand father of the Defendants 3 to 5 and Chinnappa Gounder, the father of the Plaintiff and the 7th Defendant. The 2nd Defendant is the husband of the 1st Defendant and the 6th Defendant is the sister of the 1st Defendant.

(3.) According to the Plaintiff, the sons of Kuppichi Gounder @ Kuppanna Gounder partitioned their ancestral properties orally and the suit property was allotted to the father of the Plaintiff by name Chinnappa Gounder. Till his death, he was in possession and paying kists and mutation of records had also taken place. He died in the year 1996 and subsequent to his death, there was a family arrangement between the Plaintiff and his brother 7th Defendant herein and the suit property was allotted to the Plaintiff. From the date of the said family arrangement, the Plaintiff is in possession and enjoyment and paying kists to the suit property. Enmity developed between the Plaintiff and the Defendants with regard to straying of cattle, due to which, the Defendants attempted to trespass into the suit property and tried to interfere with his possession and enjoyment. Hence, he has filed the present suit.