MEERA BAI Vs. K.P. ARUMUGHAM

JUDGEMENT

(1.) THESE intra Court appeals are preferred against the order in (i) O.A.No.794 of 2006 in C.S.No.761 of 2006 dismissing the application filed by the Plaintiffs and declining to grant injunction restraining the Defendants from interfering with the Plaintiffs lawful possession and enjoyment of the suit properties and to collect the rents from the existing tenants or by interfering with the 1st Plaintiff's lawful right to do and perform Kandasasti poojas and connected poojas in "Kanda Kottam " out of the rental income from two shops of the suit properties as per the Will dated 09.12.1982 and (ii) O.A.No.926 of 2006 in C.S.No.877 of 2006 dismissing the application filed by 1st Defendant-K.P.Arumugam and declining to grant injunction restraining Karuppasamy (16th Defendant in C.S.No.877 of 2006) from in any manner alienating or encumbering the "B " schedule property described in the schedule. For convenience, the parties are referred as per their array in C.S.No.761 of 2006.

(2.) BRIEF facts:- Common ancestors viz., (i) Kandasamy Chettiar; (ii) Subbaraya Chettiar; (iii) Murugappa Chettiar and (iv) C.Arumuga Chettiar owned vast properties together with the properties consisting four godowns and two shops at Door Nos. 268, 269, 270, 271, 272 and 273, Rasappa Chetty street (Gujjili street), Chennai-3. C.Arumuga Chettiar had two sons viz., Mohanasundaram and Loganathan.

(3.) 1st Defendant – K.P.Arumugam and others have filed C.S.No.877 of 2006 for partition of the suit properties into two shares and allocate one share to them and the remaining one share to the Plaintiffs – Meerabai and family. It is the case of 1st Defendant that the suit properties belong to common ancestors and that there was Koorchit – Silasasanam on 17.10.1866 in the subject matter of the properties and for conducting Soorasamharam in Kandasasti festival in the "Kanda Kottam ". According to Defendants, in contravention of the Koorchit, one of the legal heir of C.Poorura Chettiar had executed a self styled Will dated 19.01.1924 and the said Will was not probated when the suit properties were inherited by C.Arumugam. In contravention of the Koorchit and the said Will dated 19.01.1924, C.Arumugam executed self styled Will dated 09.12.1982 and only K.P.Arumugam is in management of the suit properties and conducting Kandasasti festival in Kanda Kottam from 1975 onwards. C.Arumugam died on 04.08.1985 and without impleading the legal heirs, 1st Plaintiff – Meerabai filed O.P.No.851 of 1992 in respect of house, building and premises in Door No.19, (Old No.39), Mela Mada Street, Tiruporur and obtained probate order on 03.02.1993. Stating that K.P.Arumugam and his family are entitled to share in the properties, K.P.Arumugam and others have filed suit C.S.No.877 of 2006 for the following reliefs:-