KRISHNAN Vs. PERUMAL

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the Judgment and decree dated 31.07.2008 passed in Appeal Suit No. 314 of 2007 by the Principal District Court, Tiruchirappalli, wherein the Judgment and decree dated 12.07.2007 passed in Original Suit No. 288 of 1999 by the District Munsif Court, Musiri are reversed.

(2.) THE appellants herein as plaintiffs have instituted Original Suit No. 288 of 1999 on the file of the trial Court for the relief of perpetual injunction, wherein the present respondents have been shown as defendants.

(3.) IN the written statement filed on the side of the defendants, it is averred that suit Survey No. 117/66 is originally belonged to two brothers namely Anumanthan and Krishnan and both of them have partitioned their family properties by virtue of partition deed dated 02.03.1922, wherein the suit survey number has been allotted to the share of Anumanthan. The said Anumanthan has passed away leaving behind him his three sons namely Renganathan, Marimuthu and Venkatraman. The defendants are the sons of Renganathan. The defendants are having right, title and interest in suit Survey No. 117/66 and they have also obtained necessary approval from the concerned Panchayat for putting up construction. Under the said circumstances the house under construction is being constructed by the defendants. It is false to aver in the plaint that the plaintiffs have put up construction and there is no merit in the suit and the same deserves to be dismissed.