THANGARAJ Vs. T. GNANASIGHAMONEY

JUDGEMENT

(1.) Aggrieved over the concurrent findings of the Courts below, dismissing the suit filed for declaration, consequential injunction and also for putting up boundaries on the northern and eastern borders of the suit property, the present Second Appeal is filed.

(2.) The parties are referred to as per their rank before the trial Court.

(3.) It is the case of the plaintiffs that plaint 'A' schedule property is a specific plot of 53 cents, consists of 'B' schedule items 1 and 2. Plaint 'A' schedule property and other properties originally belonged to different branches of Nair Tarward. As per the partition effected among the members of the Tarward, 48 cents in suit Survey No.4221, inclusive of 'B' schedule item No.1 and other properties fell to the share of Saraswathi Ammal, the 10th defendant. The said 10th defendant also redeemed the previous mortgage executed by her Karnavan as per the release deed dated 03.01.1956. Out of which the 'B' schedule item 1, an extent of 22 cents was sold to the first plaintiff, under registered sale deed dated 12.09.1978. Similarly, the 11th defendant's mother viz., Ponnamma Pillai alias Narayani Pillai got 51 cents of land in suit survey No.4221 under the Tarward partition and her ancestor redeemed a prior mortgage in an extent of 33 cents under the released deed dated 25.02.1963. The above property rights were devolved on the 11th defendant. From the 11th defendant, plaintiffs 1 and 2 purchased the item 2 of the 'B' schedule property, measuring to an extent of 31 cents.