S. MANOHARAN AND ORS. Vs. MARAYAMMAL AND ORS.

JUDGEMENT

(1.) THE Second Appeal is filed by the plaintiffs against the judgment and decree dated 22.08.2007 passed in A.S. No. 18 of 2007 passed by the Additional District Court -Fast Track Court No. IV, Bhavani, wherein and by which the judgment and decree dated 05.07.2005 recorded in a suit in O.S. No. 380 of 2004 on the file of the I Additional District Munsif Court, Bhavani, were reversed, allowing the first appeal at the instance of the defendants.

(2.) THE suit properties bearing resurvey No. 98/3 belonged to the plaintiffs and defendants 1,2 and 4 jointly. During the resurvey, it was sub -divided as R.S. No. 98/3D. The lands were originally belonged to Thalayari Minor Inam, for which, nobody has got right. The plaintiffs' male predecessors had been enjoying the Gudivarar right for generations. After coming into force of Tamilnadu Minor Inams Abolition Act 1963, the said Inam was abolished and the lands were taken over by the Government on 15.02.1965. However, on the basis of possession and enjoyment and Gudivarar rights, patta was issued jointly on 11.10.1967 in the names of Malaisamy Gounder, Palanisamy, Chinnasamy Gounder, Rasa Gounder and Kumarasamy Gounder. After the Inam Abolition, they had orally divided the suit property, as per which, 585 sq.mts was allotted to Malaisamy Gounder and 275 sq.mts was allotted to Chinnasamy Gounder. The said Malaisamy Gounder died 20 years ago. Thus, the plaintiffs and the defendants 1 to 3 had been in enjoyment of the suit properties. While so, the defendants 4 to 6 had denied the rights of the plaintiffs and trespassed into the suit property on 10.12.2003, which was successfully stopped by the plaintiffs. As the defendants 4 to 6 have got no right over the property, the suit has been filed for declaration of right and permanent injunction.

(3.) ON the pleadings of both the parties, necessary issues were framed by the Trial Court. Before the Trial Court, the Plaintiff had marked Exs.A1 to A13 and PW.1 and P.W.2 were examined on the side of the plaintiffs. D.W.1 was examined on the side of the Defendants and Exs.B1 to B7 were marked on the defendants' side.