PANNEER Vs. MURUGAIAH KONAR

JUDGEMENT

(1.) The defendants in O.S.No.387/1988 and plaintiffs in O.S.No.382/1988 on the file of the District Munsif, Ramanathapuram are the appellants.

(2.) The case in brief for the disposal of both the appeals are as follows: The plaintiff in O.S.No.387/1988 filed a suit for declaration and permanent injunction relating to the suit property. The suit property originally belonged to one Subramanian Chettiar and the plaintiff purchased the same for a valid consideration under a registered document dated 24.6.1961. Patta was also transferred in the name of the plaintiff and he is in possession and enjoyment of the same. The defendants have no right whatsoever and they are attempting to interfere with the possession and enjoyment.

(3.) The first defendant filed a written statement denying the title of the plaintiff in respect of property. The plaintiff could have paid the kist to the capacity as a co-owner. The plaintiff is not in exclusive possession and enjoyment of the suit property. The plaintiff is only the eldest brother of the three and they have two brothers, namely, Muniyandi and Nagalingam. Muniyandi went to the Northern state sixteen or seventeen years back and his whereabouts are not known. D2 is the son of Muniyandi. Similarly, Nagalingam went to Tanjore and D1 is his son. Their mother Kalimuthammal also had properties in Nakachi village. They are in common enjoyment without any division. Out of the funds from joint family property only the suit property was purchased in the name of the plaintiff, he being the eldest son. The suit property was treated as a joint family property. The defendants already filed a suit for partition and the same is also pending.