M RAMESH Vs. VENKATAMMAL

JUDGEMENT

(1.) CHALLENGE is made in this appeal by the 4th and 5th defendant in the suit to the judgment and decree dated 29.07.2005 and made in O.S.No.98 of 2004 on the file of the Learned District Judge, Dharmapuri, at Krishnagiri.

(2.) THE facts germane for the disposal of this appeal: 2.1. THE suit in O.S.No.98 of 2004, is filed by the respondents 1 to 4 herein, against the respondents 5 to 7 and the appellants 1 and 2 for the relief of partition in respect of 5/8 shares in the suit properties and also for the relief of permanent injunction. 2.2. THE 1st respondent/1st plaintiff is the mother of the 5th respondent/1st defendant, Mr.Devaraj. THE respondents 2 to 4/plaintiffs 2 to 4 and the respondents 6 & 7/defendants 2 and 3 are the sons and daughters of the 5th respondent/1st defendant, Mr.Devaraj.

(3.) OUT of 6acres which was purchased by the 1st appellant/ 4th defendant under Ex.B9 (A1), 2acres was sold out to the 2nd appellant/ 5th defendant and as such he has been in possession and enjoyment of 2 acres in the first item.