ISSAC PONNUTHURAI Vs. NATARAJAN NADAR

JUDGEMENT

(1.) S.A.No.1876 of 2002 arises out of O.S.No.32 of 1994 on the file of the Additional District Munsif Court, Ambasamudram for the relief of declaration of title and permanent injunction over the suit lane. The said suit was dismissed by the trial Court. The plaintiffs filed A.S.No.21 of 1999 before the Sub Court, Ambasamudram. The learned Subordinate Judge confirmed the decree with regard to declaration of title, but granted a decree to the effect that the plaintiffs would be entitled to use the second schedule pathway without effecting any alteration. As against the same, the defendant has filed the above second appeal.

(2.) S.A.No.1877 of 2002 arises out of O.S.No.29 of 1993 on the file of the Additional District Munsif Court, Ambasamudram. The plaintiffs claimed that the second schedule pathway is forming part of first schedule property and claimed declaration of title over the first schedule property and permanent injunction restraining the defendant therein from interfering with the plaintiffs' possession and enjoyment over the second schedule property. The suit was decreed as prayed for by the trial Court. The defendant filed A.S.No.22 of 1999 before the Sub Court, Ambasamudram. The learned Subordinate Judge confirmed the title in favour of the plaintiffs. The First Appellate Court confirmed the decree for declaration of title and permanent injunction, but granted a right for the defendant to use the second schedule pathway without making any alteration. As against the same, the plaintiffs have filed the above second appeal.

(3.) The plaintiff in O.S.No.29 of 1993 contended that the suit second schedule property is forming part of the first schedule property. The first schedule property was originally owned by one Madakkanu Nadar @ Manonmani Nadar. The said Madakannu Nadar and his son have partitioned the same under Exhibit A1 dtd. 11/1/1916. In the said partition, the first schedule property and properties to the east of the first schedule property were allotted to the share of one Issac Gnanakannu Nadar. The said Issac Gnanakannu Nadar had executed Exhibit A2 sale deed on 2/4/1930 in favour of his wife Annamuthammal. The said Annamuthammal had gifted her undivided half share in favour of the plaintiff under Exhibit A3 on 31/7/1974. In a family arrangement with his uncle under Exhibit A4 dtd. 11/2/1980, the suit first schedule property was allotted to the share of the plaintiffs.