ARUMUGHAM Vs. SANKAR

JUDGEMENT

(1.) The defendants 7 to 10 in O.S.No.448 of 2012 on the file of the I Additional District Munsif, Erode are the appellants. Having suffered a decree for permanent injunction in the said suit on the same being confirmed by the appellate Court in A.S.No.27 of 2016, the defendants have come up with this second appeal.

(2.) The plaintiffs sued for injunction claiming that the suit property was allotted to the 2nd plaintiff as per the HSD patta issued in the year 1989 in HSD No.1927/1998. The 2nd plaintiff who is the maternal grandmother of the 1st plaintiff, executed a Settlement Deed in favour of the 1st plaintiff. The plaintiffs therefore claim that they are in possession of the property as owners. It is the further claim of the plaintiffs that the defendants who are the residents of Tiruchengode, attempted to interfere with the possession of the plaintiffs' claiming that they have an interest in the property.

(3.) The suit was resisted by the defendants contending that they are in possession of the property and they are also entitled to a share in the property. It was their further contention that the suit property is a Village Natham land and they were also in possession along with the plaintiffs. The 5th defendant had also recognised the possession of the defendants for over 50 years. The official defendants filed a written statement accepting the title of the plaintiffs and their possession. The written statement filed by the 4th defendant specifically stated that no patta has been granted to the defendants 7 to 10 in respect of the suit properties.