PONNIAMMAL Vs. RAMALINGAM

JUDGEMENT

(1.) The present appeal is preferred against the judgment and decree dated 30.8.2005 passed in A.S. No. 37 of 1999 on the file of the Subordinate Judge, Cheyyar, reversing the judgment and decree dated 30.9.1997 passed by the Additional District Munsif, Cheyyar, Tiruvannamalai, O.S. No. 38 of 1990.

(2.) The second defendant in the suit is the appellant and the suit is for declaration of title and for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiff.

(3.) The case of the plaintiff is that the suit property belonged to the plaintiff's father and the plaintiff is the son of first wife and the first defendant is the son of second wife. After the death of their father, the plaintiff and the first defendant were enjoying the property and divided among themselves on 29.12.1983 at the instance of Panchayatdars. The suit property fell to the share of the plaintiff and he has been enjoying the same in his own rights. When the defendants started troubling the plaintiff in his enjoyment of the suit property in a peaceful manner, the suit was filed.