VARADARAJAN Vs. SHANMUGASUNDARAM

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing. The defendants in OS No.600 of 2004 have come up with this Second Appeal, challenging the judgment and decree of the IV Additional District Court, Coimbatore, made in AS No.102 of 2006 confirming that of the Trial Court, viz., The III Additional Sub Court, Coimbatore granting a declaration of the title of the plaintiffs and permanent injunction restraining the defendants from interfering with the plaintiffs' possession of the suit property made in OS No.600 of 2004.

(2.) The plaintiffs sought for declaration of their title and consequential permanent injunction claiming that the suit properties belonged to Arumugam Pillai, husband of the first plaintiff and father of the plaintiffs 2 to 5, he having purchased the suit 1st item under a registered Sale Deed dated 04.03.1936 and inherited the suit 2nd item from his mother Ayyammal, as per her Will dated 25.06.1949. The plaintiffs would further contend that the said Arumugam Pillai, was in possession and enjoyment of the properties till his death on 03.01.1975. It is also pleaded that there were disputes between Arumugam Pillai and his sister Amminiammal and there were several litigations between the two families.

(3.) In fact Amminiammal, the sister of Arumugam Pillai, had filed a suit in OS No.1884 of 1982 against the plaintiffs seeking an injunction and the said suit came to be dismissed on 03.01.1991 for non-prosecution. Again the said Amminiammal filed another suit in OS No.1115 of 1987 against the first plaintiff alone and the same was allowed to be dismissed for default on 02.02.1999. It is also stated that a suit for partition in OS No.1245 of 1983 was filed by the third defendant on behalf of the second defendant, which also came to be dismissed for non-prosecution on 06.07.1990.