NACHIMUTHU Vs. RAMANAN

JUDGEMENT

(1.) This appeal arises from a suit for declaration and injunction. Aggrieved by the judgement and decree dtd. 22/3/2013 made in A.S.No.32 of 2012 by the learned II Additional District Judge, Salem, in reversing the judgement and decree dtd. 10/12/2011 made in O.S.No.70 of 2006 by the learned Subordinate Judge, Mettur, Salem District, the plaintiff appeals.

(2.) The parties will be referred to as the plaintiff and the defendants for the sake of convenience.

(3.) The plaintiff and the 3rd defendant are the sons of defendants 1 and 2. It was the plea of the plaintiff that the properties are joint family properties and on account of the dispute that has arisen in the family there was a panchayat which was held on 1/6/2005. The panchayat, according to the plaintiff, were held in the presence of relatives and close friends and the properties of the family were divided. The plaintiff pleaded that on 12/10/2005, the partition that was effected on 1/6/2005 was reduced to writing. The plaintiff claims that he approached the defendants for peaceful enjoyment of the properties on the basis of document dtd. 12/10/2005 and since the defendants refused to accede to the same, he filed the suit for declaration of title and for injunction.