AMBALAVANAN Vs. SARAVANAN

JUDGEMENT

(1.) Aggrieved over the judgment and decree passed in A.S.No.3 of 2007 dated 07.09.2007 by the learned Second Additional Subordinate Judge, Cuddalore, reversing the judgment and decree dated 18.09.2006 passed in O.S.No.2 of 2005 by the learned Additional District Munsif, Cuddalore, the present Second Appeal has been preferred.

(2.) The appellants are the plaintiffs; respondents 1 and 2 are the defendants 4 and 5; and respondents 3 to 5 are defendants 1 to 3 in the suit filed for declaration and mandatory injunction. For the sake of convenience, they are called as per their rankings in the suit.

(3.) The case of the plaintiffs is that the suit properties originally belonged to one Nallambalam Pillai, who is the grandfather of the plaintiffs and the defendants 4 and 5. He executed a WILL dated 12.05.1977 in favour of his grandsons, namely, the plaintiffs and the defendants 4 and 5. The said Nallambalam Pillai died in the year 1982. As such, the plaintiffs and the defendants 4 and 5 have become the owners of the suit properties in equal moiety. The properties were not divided between the legatees by metes and bounds, however, they were enjoying it according to their convenience.