S.LAKSHMI Vs. M.TAMILSELVI

JUDGEMENT

(1.) CHALLENGE in this Second Appeal is to the Judgment and decree dated 03.07.2012 passed in Appeal Suit No.106 of 2011 by the Sub Court, Devakottai, wherein the Judgment and decree dated 09.04.2011 passed in Original Suit No.110 of 2008 by the District Munsif Court, Devakottai are reversed.

(2.) THE appellants herein as plaintiffs have instituted Original Suit No.110 of 2008 on the file of the trial Court for the reliefs of declaration and perpetual injunction, wherein the present respondents have been shown as defendants.

(3.) THE material averments made in the written statement filed on the side of the defendants 2 and 3 can be stated like thus: It is false to say that the ancestral house of SP.Nagappa Chettiar is bearing door Nos.17 and 18. It is also equally false to say that a tiled house bearing No.18/2 is situate on the northern side. The original owner of the suit property by name SP.Nagappa Chettiar has executed a sale deed in favour of SP.Nagammai Achi on 12.12.1974, wherein clear four boundaries have been given. The said Nagammai Achi has executed a will dated 28.12.1988 in favour of the first defendant and the first defendant has sold the property covered under the will dated 28.12.1988 in favour of the defendants 2 and 3 by virtue of the sale deed dated 22.01.1998. It is false to say that the plaintiffs are the owners of the suit property. The defendants 2 and 3 are the owners of the suit property and its adjoining northern property. There is no merit in the suit and the same deserves to be dismissed.