SAMPOORNAM Vs. ANNACHI AMMAL

JUDGEMENT

(1.) THE defendants 3 to 7 and 9 to 12 are the appellants. THE appeal is preferred against the judgment and decree of the learned Additional District Judge (Fast Track Court No.I), Tiruchirapalli, dated 12.12.2002, made in A.S.No.191 of 1999, reversing the judgment and decree of the learned Principal District Munsif, Tiruchirapalli, dated 30.06.1999, in O.S.No.838/1987. THE suit was filed for a bare injunction in respect of S.F.No.62/4B of 1 acre in Kopu Village, Tiruchirappalli District.

(2.) THE brief facts of the case are as follows:- THE plaintiffs are the daughters of one Eruthalan. THE defendants 1 and 2 and one Veeramalai are the sons of Eruthalan. Under a family arrangement, dated 19.02.1962, there was a partition and the said Eruthalan was allotted in S.F.No.63/6B (37 cents) and in S.F.No.65/1 (22 cents). THE suit property in S.F.No.62/4B was a self-acquired property of the said Eruthalan, who purchased the same from one Amaravathi Ammal on 26.04.1971. He settled the property in favour of the plaintiffs, who are the daughters, by a settlement deed, dated 08.04.1987, and the plaintiffs took possession and they are in possession and enjoyment of the same. However, the first and second defendants are trying to interfere with their possession and therefore, the suit was filed for a bare injunction against the first and second defendants and on the death of the first defendant, the defendants 3 to 12 were added as parties.

(3.) ON admission, this Court has framed the following substantial questions of law, for consideration:-