MARIYAMMAL Vs. ATCHANNA

JUDGEMENT

(1.) This Second Appeal has been filed challenging the concurrent findings of the courts below. The defendant in the suit in O.S.No.199 of 2013 on the file of the District Munsif Court, Kovilpatti is the appellant herein. The respondents are the plaintiffs in the said suit. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.

(2.) (i) The suit was filed for permanent injunction restraining the defendant from interfering with the plaintiffs' peaceful possession and enjoyment of the suit schedule properties. The plaintiffs claimed that they are the owners of the suit schedule properties by virtue of a partition deed dtd. 21/11/2012 registered as document No.4574 of 2012. According to them, originally their father Perumal Nayackar was the owner of the suit schedule properties and patta No.764 was standing in his name for the suit schedule properties. According to the plaintiffs, their father Perumal Nayackar died on 14/8/1989 and even before his death, their mother Nachiyarammal died on 22/11/1987. Thereafter, the plaintiffs have partitioned the properties, which included the suit schedule properties under the aforementioned partition deed dtd. 21/11/2012 registered as document No.4574/2012.

(3.) The defendant, as seen from the written statement filed by the defendant, states as follows: