MANICKAM Vs. C SUTHANDIRAM

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the judgment and decree, dated 18.04.2009 passed in A.S.No.87 of 2008 by the II Additional Subordinate Judge, Madurai thereby, confirming the judgment and decree, dated 15.02.2008 passed by the District Munsif, Madurai in O.S.No.350 of 2003.

(2.) THE appellant herein as plaintiff has instituted Original Suit No.350 of 2002 on the file of the trial Court seeking the relief of permanent injunction, wherein the present respondents has been shown as defendants.

(3.) IT is averred in the plaint that the suit property belonged to one C.Chinnasamy ancestrally and he had a son, by name Chinnasamy, who was a postman, who used to give his name as 'K.C.Chinnasamy' in the official record and he died in the year 1952, leaving behind two sons, by namely S.Chinnasamy and K.C.Krishnasamy. The said S.Chinnasamy died in the year 1987 leaving behind his 1st wife Nagammal and a son by name Sudhanthiram, through his 1st wife and 2nd wife, namely Panchalai and a son Ramraj through 2nd wife. The said K.C.Krishnasamy died leaving behind two sons, by name K.K.K.Prabhakaran and K.Rajamanoharan. Even during the life time of the said S.Chinnasamy and his brother K.C.Krishnasamy, they have divided various ancestral and family properties except the suit property and therefore, in the suit schedule properties each are entitled undivided half share. The said K.C.Krishnasamy also died in 1990 leaving behind Rajammal(wife), K.K.K.Prabhakran and K.Rajamanoharan, son of the said K.C.Krishnasamy along with their sister Nalinichandravathi sold the undivided half share in 1 acre 70 cents under a sale deed, dated 23.10.1996 to the plaintiff and there is a customery practice in the village that in dividing landed property, normally northern portion would be allotted to elder son in the family. Though, the plaintiff has purchased the undivided half share of 1 acre 70 cents, as per the above said village customary practice and for the convenient enjoyment, the plaintiff took specific and actual possession of northern portion of 85 cents and ever -since, his purchase the plaintiff has been enjoying the possession of northern 85 cents and one Pandi has been in possession and enjoyment of 1 acre 70 cents for more than the past 30 years as cultivating tenant in the said property and on his death, his wife Pushpam and son Alagarsamy, inherited the cultivating rights and they were cultivating the entire extent of 1.70 acres till the purchase of the schedule property by the plaintiff and the above said cultivating tenants have executed a release deed, dated 23.10.1996 releasing their cultivating rights in favour of the vendors to the plaintiff Rajammal and 2 others and in the meantime, on 03.07.2012, the 1st defendant all of sudden developed animosity against the plaintiff and started interfering with the peaceful possession and enjoyment of the suit property on 03.07.2002. Hence, the suit is filed for the relief of permanent injunction.