SAMUTHIRAM Vs. AMMASI

JUDGEMENT

(1.) The plaintiffs are the appellants.

(2.) The plaintiffs have filed O.S. No. 59 of 2010 before the Principal District Munsif Court, Sankarankovil for the relief of declaration of title and permanent injunction over the second item of the suit schedule property. The suit was dismissed by the trial Court. The plaintiffs filed A.S. No. 16 of 2013 before the Subordinate Court, Sankarankovil. The learned Subordinate Judge concurred with the findings of the trial Court and dismissed the first appeal. As against the same, the present second appeal has been filed by the plaintiffs.

(3.) The plaintiffs have claimed that both items were originally belonged to one Yoseph Konar ancestrally. The said Yoseph Konar has executed a registered sale deed with regard to the first item under Exhibit A1 on 21/5/1956 in favour of the plaintiffs' Sangam. In the said property, the plaintiffs' community had dug a Well and also put up a surrounding wall and they have been enjoying the same by drawing water from the Well. The plaintiffs had further contended that the second item is located on the eastern side of the first item which was purchased by the plaintiffs' community under Exhibit A2 on 30/5/1958. According to the plaintiffs, both the items are located in Natham Kudiyiruppu area and hence, the Government or local body have no right whatsoever over the said property. The plaintiffs had further contended that the plaintiffs and the people belonging to the plaintiffs' sangam are drawing water from the Well for their house hold requirements and also for the temple festival connected to the community. The plaintiffs had further contended that the last rites of the plaintiffs' community people being conducted near the Well. The defendants have no connection whatsoever with the suit schedule property, but they are objecting to the rights of the plaintiffs and hence, the present suit.