VELAMMAL AND ORS. Vs. M. PALANISWAMY AND ORS.

JUDGEMENT

(1.) THE defendants in O.S. 862/2005 and the plaintiffs in O.S. 1032/2005 are the appellants herein. While the suit in O.S. 862/2005 is filed by the respondents herein against the appellants herein for the relief of permanent injunction in respect of four items, O.S. 1032/2005 is filed by the appellants herein against the respondents herein for the similar relief of permanent injunction in respect of 6 items. However, the main dispute is only with regard to the landed property in S.F. No. 471 measuring 1.50 acres and in S.F. No. 433 measuring 0.50 acres more fully described as suit items 3 and 4 in O.S. 862/2005. The above disputed suit item No. 3 is described as item No. 3 in O.S. No. 1032/2005. The right, title, interest and possession and enjoyment of the parties in respect of other items in both the suits are not disputed. For the sake of convenience, the parties are referred to as per their rank in O.S. 862/2005.

(2.) THE facts, which are relevant for consideration herein are as follows: The landed property covered in both the suits and other properties, which are the subject matter of Ex. A1 certified copy of partition deed dated 25.6.1955 (Ex. B6 not raised copy of partition deed), originally belonged to one Palani Gounder, who had 4 sons and Maruthey Gounder @ Marudhakutty Gounder and Arunachala Gounder are two among the four sons. While the plaintiffs 1 to 4 in O.S. 862 of 2005 and the defendants 1 to 4 in O.S. 1032/2005 are the sons and daughter of Marudhakutty Gounder, the plaintiffs 1 to 3 in O.S. 1032/2005 and the defendants in O.S. 862/2005 are the wife and sons of Arunachala Gounder. The sons of Palani Gounder, after the death of their father, entered into a partition under Ex. A1 (Ex. B6) during 1955 in respect of joint family properties and the properties were divided into A to D schedules and first two sons were allotted A and B schedules and Marudhakutty Gounder and Arunachala Gounder were allotted C and D schedule properties respectively in the partition deed. The schedule C properties allotted to Marudhakutty Gounder consist of 1.50 acres in S.F. No. 471 and 1.20 acres in S.F. No. 116 of Thudialur, 0.50 acres in S.F. No. 433 of Goundampalayam and 0.71 acres in S.F. No. 117/1 of Pannimadai Village. The schedule D properties allotted to Arunachala Gounder consist of 1.50 acres in S.F. No. 471 and 1.58 1/2 acres in S.F. No. 116 of Thudialur and 0.50 acres in S.F. No. 433 of Goundampalayam village.

(3.) IT is the case of Marudhakutty Gounder branch that after the death of Marudhakutty Gounder, Arunachala Gounder branch started making wrong claims in respect of 1.50 acres in S.F. No. 471 and 50 cents in S.F. No. 433 by reason of escalation of price of the property in the area concerned without any right to do so and have been attempting to interfere with their possession and enjoyment of the property. Marudhakutty Gounder Branch, by contending so, filed O.S. 862/2005 for permanent injunction restraining the defendants i.e., Arunachala Gounder Branch from interfering with their peaceful possession and enjoyment of the suit property and encumbering or alienating the suit property. The relief sought for in O.S. 862/2005 is in respect of 1.50 acres in S.F. No. 471 and 50 cents in S.F. No. 433 forming part of 'C' schedule properties allotted to Marudhakutty Gounder and 1.50 acres in S.F. No. 471 and 50 cents in S.F. No. 433 forming part of 'D' schedule properties allotted to Arunachala Gounder in the partition deed.