MURUGAIYAN Vs. SUBBAIYAN

JUDGEMENT

(1.) PLAINTIFFS 2 to 4 in O.S.No.63 of 1985, on the file of the District Munsif, Pattukottai are the appellants in the second appeal.

(2.) ONE Duraimanickam filed the suit for a permanent injunction restraining the respondent/defendant from interfering with his possession and enjoyment of the suit property of an extent of 0.39 acre with a thatched shed, 30 palmyah trees, 1 tamarind tree and neem tree in S.No.114-9 in Ambalapattu North Village, Orthanadu Taluk, Thanjavur District, on the following averments: The suit property belonged to him ancestrally and in an oral family arrangement between him and his brothers about 20 years prior to the suit, the suit property among other properties fell to his share and since then he had been in exclusive possession and enjoyment in his own right as absolute owner. Patta had been granted for the suit land under Patta No.67 and he had also been paying kist etc. to the Government. There were 30 palmyrah trees on the western side in the suit land which were reared, even during the life time of his father and after partition, they were in his exclusive possession and a small shed in the middle of the suit land with a trident installed as an incarnation of Lord Muruga was also there and he had been cultivating generally crops and vegetables in the rest of the land. The defendant, who was the adjacent owner on the west and had nothing to do with the suit property, had been picking up quarrel with Murugaiyan with a view to purchase the suit land and annex it to his property and as Murugaiyan refused to part with the land, the defendant was attempting to trespass into the suit land and remove the shed and cut and carry away the standing trees. On 18.2.1985 the defendant came along with his men and threatened to demolish the shed. Murugaiyan somehow managed to prevent the high-handed action of the defendant. However, as he apprehended that the threat would materialise at any time, the suit came to be filed.

(3.) HOWEVER on appeal by the defendant, in A.S.No.15.9.1989, the learned Subordinate Judge, Pattukottai, reversed the decision of the trial court allowed the appeal and dismissed the suit. Aggrieved, the present second appeal has been filed.