ATHAYAEE AMMAL AND OTHERS Vs. VASANTHA

JUDGEMENT

(1.) The unsuccessful defendants in the suit, aggrieved by the unanimous decision of the Courts below, have filed the Second Appeal.

(2.) The defendants are the appellants herein. During the pendency of the second appeal, the first appellant/first defendant died. Hence, the legal heirs of the deceased first appellant have been brought on record as appellants 3 and 4. The plaintiff is the respondent herein. The plaintiff filed a suit in O.S.No.111 of 2003 for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit property and costs.

(3.) The case of the plaintiff/respondent is that one Kandappa Chetty is the original owner of the suit property and he had three sons viz., Mani Chetty, Umayan Chetty @ Palani Chetty and Arumugam Chetty, who had divided the property under a registered partition deed Ex.A1, dated 11.06.1925. Subramania Chetty, one of the son of Umayan Chetty, had sold a portion of the property in favour of one Sidhayee Ammal, under Ex.A.2 registered sale deed dated 11.02.1985. After the death of said Sidhayee Ammal, her son Ayyavu along with two others sold the property to the plaintiff under Ex.A.3, registered sale deed dated 07.12.2001. From the day of purchase, the plaintiff is in possession and enjoyment of the suit property. Subsequent to the purchase, mutation of all the revenue records had also effected. Property Tax, Water Tax etc., also stand in the name of the plaintiff. The defendants, who are the neighbours, have been trying to interfere with the possession of the plaintiff. Hence, the suit has been filed against the defendants.