A. K. C. MURUGAN Vs. ARUMUGAM

JUDGEMENT

(1.) The defendant is the appellant herein.

(2.) The plaintiffs filed O.S.No.143 of 2002 before the District Munsif Court, Kovilpatti for the relief of declaration that the 2nd schedule property absolutely belongs to them and for consequential permanent injunction restraining the defendant from creating any doorway in the suit lane. The suit was decreed as prayed for by the trial Court. The defendant filed A.S.No.5 of 2004 before the Subordinate Court, Kovilpatti. The First Appellate Court though confirmed the judgment and decree of the trial Court, granted permission to the defendant to enter into the 2nd schedule property in order to maintain the western wall of the defendant. As against the said judgment and decree, the present second appeal has been filed by the defendant.

(3.) The plaintiffs had contended that the suit schedule properties are originally owned by the plaintiffs' grandfather namely one Velu Chettiar and there was a registered partition in their family on 28/5/1964. The 3rd schedule property in the said partition deed was allotted to Velu Chettiar which is the present suit schedule property. According to the plaintiffs, east-west measurement is 16 1/2 feet which includes the suit lane on the east. The plaintiffs further contended that 2nd schedule property absolutely belongs to the plaintiffs and the plaintiffs are having a doorway on the eastern wall so as to enter into the 2nd schedule lane. The 2nd schedule lane is being used as a bathroom and the plaintiffs have also constructed a water tank. The plaintiffs further contended that the defendant who owned property on the east of the suit lane has attempted to open a doorway on his western wall so as to enter into the suit lane. Hence, the present suit.