KRISHNAMOORTHY Vs. LAKSHMANAN

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree of the learned Principal Subordinate Judge of Krishnagiri, dated 24.11.2009 in A.S.No.15 of 2007 confirming the judgment and Decree of the learned District Munsif Cum Judicial Magistrate of Krishnagiri, dated 31.01.2007 in O.S.No.55 of 2006.

(2.) The Appellant is the Defendant in the suit.

(3.) The short facts of the Plaintiff /Respondent s case are as follows:- The suit property originally belonged to one Chinathambi Mudaliyar. The said Chinnathambi Mudaliyar had got 2 sons by name Periyanna Mudaliyar and Balamudaliyar. Periyanna Mudaliyar had 2 sons by names Kannan @ Vediappan and Lakshmanan who is the plaintiff in the suit. Bala Mudaliyar he had got 2 sons by names Periya Muthu and Chinna Muthu. Thinna Muthu had got one son by name Krishnamoorty who is the defendant herein. The family properties were partitioned before 70 years between Periyanna Mudaliyar and Bala Mudaliyar. Then the suit property was allotted to the father of the plaintiff. Before 20 years there was an oral partition between the plaintiff and his brother. After partition the plaintiff is in possession and enjoyment of the same by paying the kist. Patta was also granted in the name of the plaintiff on 26.06.2006. The defendant and his men tried to lay PVC pipe line in the suit property. The action of the defendant is without any basis or right or title. The plaintiff prevented his attempt with the help of others. Hence the plaintiff was constrained to file the suit for declaration and permanent injunction.