R. RAMUTHTHEVAR Vs. SELVI

JUDGEMENT

(1.) CHALLENGE in these second appeals is to the judgment and decree, dated 24.02.2005 passed in the Appeal Suit as well as in Cross Objection in A.S.No.64 of 2002, by the Subordinate Judge, Sivagangai, dated 24.02.2005, modifying the judgment and decree passed by the Principal District Munsif, Manamadurai, in O.S.No.32 of 1999, dated 31.01.2002

(2.) THE 1st appellant herein as plaintiff has instituted Original Suit No.32 of 1999 on the file of the trial Court seeking the relief of declaration and permanent injunction, wherein the present respondent has been shown as defendant.

(3.) IT is averred in the plaint that the suit property originally belonged to the plaintiff's elder brother Athimoola Thevar and after the death of Athimoola Thevar, being the heirs of Athimoola Thevar, the plaintiff and the defendant were jointly enjoying the suit property and patta stands jointly in the name of the plaintiff and the defendant and in the year 1967 in the oral partition, the northern half portion was allotted to Athimoola Thevar and the plaintiff herein was allotted southern half portion. Athimoola Thevar is having one daughter, by name Pitchaimuthu Ammal and as the Pitchai Muthuammal died, her husband Karuppiah secondly married one Pitchai Pillai, who is not related to Athimoola Thevar and out of their wedlock, the defendant Selvi was born. As no there was no legal heir to Athimoola Thevar, the plaintiff has been enjoyment the suit property and without out the consent and knowledge of the plaintiff, the defendant changed the patta in respect of items 2 to 5, which is not valid in law. Hence, the suit is filed for declaration and permanent injunction.