VELMURUGAN Vs. PANCHAVARNAM

JUDGEMENT

(1.) This Second Appeal is preferred challenging the Judgment and Decree of the learned III Additional District and Sessions Court, Vridhachalam, Cuddalore District in A.S.No.86 of 2019 dtd. 5/10/2020 confirming the judgment of the learned I Additional District Munsif Virudhachalam, Cuddalore in O.S.No.394 of 2008 dtd. 21/2/2018.

(2.) The Appellants are the Plaintiffs. The Appellants filed a suit for the relief of declaration of their title in the suit properties and for permanent injunction against the respondents, not to disturb their possession and enjoyment. It is seen from the plaint averments that the suit properties were purchased by one Rajambal through two sale deeds dtd. 19/3/1938 and 27/4/1939. The said Rajambal had a son named Masilamani. Two months subsequent to the marriage with Panchavarnam, Masilamani died. Panchavarnam left her matrimonial home and started living with her brother Veeran. Rajambal adopted her sister's daughter Saradhambal in the presence of public in the village. Rajambal got her married to one Kaliaperumal. The plaintiffs are the sons of Saradhambal. Rajambal, Saradhambal and Kaliaperumal were living as joint family.

(3.) After the death of Rajambal, the suit properties vested on Saradhambal and she has been in possession and enjoyment of the suit properties. According to the learned counsel for the appellants, the first respondent has no right in the suit properties. However, the first respondent has filed a petition for cancelling the patta that stands in the name of the appellants and the respondents are trying to interfere with the possession and enjoyment of the suit properties. Therefore, the suit in O.S.No.394 of 2008 was filed by the appellants.