CHOKKALINGAM; NATARAJAN; PARAMASIVAM; ARUMUGAM Vs. RAMAN

JUDGEMENT

(1.) This second appeal filed against the decree and judgment passed by the District Judge, Sivagangai in A.S.No.100 of 2003, dated 29.08.2005 reversing the decree and judgment made in O.S.No.117 of 2000, dated 31.01.2003 on the file of the District Munsif, Thiruppathur, Sivagangai District.

(2.) For the sake of convenience, the plaintiffs in the original suit are referred as appellants and the sole defendant in the original suit is referred as respondent hereafter.

(3.) The appellants filed a suit for permanent injunction in respect of two items of punja lands in S.No.1/3A2 to an extent of 0.97.0 hectors and in S.No.1/6 to an extent of 0.09.0 hectors in patta No.1820. Briefly the case of the appellants is that the appellants are brothers and the suit properties are joint family properties and patta also issued in the name of the appellants' father viz., Pichan as patta No.1820. Further, the appellants have put up houses in the properties and they are residing in a portion of the properties and let out the remaining portions to the tenants and planted trees in portion of the properties. It is also the case of the appellants that a portion of the property was sold to the third party and the above said portion was assigned as survey No.1/3A1 and the remaining portion (i.e.) the first item of suit schedule was assigned as Survey No.1/3A2. The appellants' father died in the year 1999 and then, the appellants changed the patta in their names on 27.12.1999 and they are enjoying the suit properties by paying kists. Since the respondent attempted to interfere with the possession of the appellants in both items of suit properties, the appellants filed the suit for permanent injunction.