JAYAMMAL Vs. P. ETHIRAJ

JUDGEMENT

(1.) The appellants are the plaintiffs before the District Munsif Court at Gudiyatham (hereinafter referred to as Trial Court) in O.S.No.235 of 2006. The suit was filed by the appellants herein for declaration, permanent injunction and mandatory injunction to direct the second respondent Tahsildar to alter the Patta issued in the name of the first respondent. The Trial Court had decreed the suit based on the evidences and the deposition of the parties.

(2.) On further appeal in A.S.No.3 of 2011 filed by the first respondent, the Subordinate Judges Court at Gudiyatham (hereinafter referred to as First Appellate Court) has partly allowed the appeal vide impugned Judgment and Decree dated 30.11.2011 in A.S.No.3 of 2011 by modifying the Judgment and Decree of the Trial Court by restricting the relief of the appellants for permanent injunction alone. As far as the relief for declaration of title and for mandatory injunction to direct the second respondent Tahsildar to alter the Patta is concerned, the First Appellate Court has come to a conclusion that the appellants have not proved that there were other legal representatives of late Thimmaiya Naidu. Therefore, the relief cannot be granted to the appellants.

(3.) The operative portion of the impugned Judgment and Decree reads as under:-