N.V. SUNDARAM Vs. VEERAPAN

JUDGEMENT

(1.) THE defendant in O.S.NO.67 of 2007 on the file of District Munsif, Kulithalai, has preferred this Second Appeal since the suit has been decreed by the trial court which was upheld by the First Appellate Court/Sub -Court, Kulithalai, in A.S.No.53 of 2010.

(2.) THE respondents/plaintiffs, who are blood brothers, laid the suit for injunction with respect to 20 cents of property comprised in Survey No.220/14, situate in Nangavaram Village in Kuzhithalai Taluk in Karur District on the plea that the property is of two halves, namely, Northern half and Southern Half, the northern half originally belonged to the defendant, while the southern half belonged to defendant's blood brother Krishnamoorthy, they have sold their respective portions under Ex.A.1 and A2 to one Kaliappa Gounder, who latter sold the entire property under Ex.A.3 to Chellammal, the mother of plaintiffs, after her demise, by inheritance, the plaintiffs have become owners of the property. It is their further plea that the property is in their possession right from the days of purchase of their mother and they are in continuous possession and enjoyment, however, since their possession is being invaded by the defendant/ appellant, they have sought for injunction as against him.

(3.) THE suit has been resisted by the appellant/defendant filing a written statement denying title as well as possession of the plaintiffs. The crux of the case pleaded by the defendant in the written statement is that Ex.A1 and A2 have not been executed as pleaded by the plaintiffs. They were borne out of forgery.