CHELLAPANDIAN; SRINIVASAGAM Vs. GURUMOORTHY

JUDGEMENT

(1.) Challenge in this second appeal is to the judgment and decree, dated 24.09.2005 passed in A.S.No.32 of 2002 by the Sub Court, Ambasamudram, reversing the judgement and decree passed in O.S.No.345 of 1999, dated 26.03.2002 on the file of the Principal District Munsif, Ambasamudram.

(2.) The appellants herein as plaintiffs have instituted Original Suit No.345 of 1999 on the file of the trial Court praying for the relief of declaration of separate possession and permanent injunction, wherein the present respondent has been shown as defendant.

(3.) It is averred in the plaint that the suit properties were allotted to the share of the plaintiffs' father Mukka Thevar in the partition took place on 27.03.1959 and 20.07.1959 and the defendant is residing nearby the house of the plaintiffs and on 14.01.1998, the defendant attempted to flow the waste water through the plaintiffs house. In this regard, 27.01.1998, a lawyer's notice was sent to the defendant and thereafter, also the defendant attempted to flow the waste water to the house of the plaintiffs. Hence, the suit is filed for the reliefs as stated above.