MARUDAMUTHU Vs. LAKSHMANAN

JUDGEMENT

(1.) One Maruthamuthu, first defendant in O.S.No.223 of 2005, on the file of Principal District Munsif and Judicial Magistrate, Karaikudi, filed the above Second Appeal. Pending Second Appeal he died. His Legal representatives were impleaded as appellants 2 to 5.

(2.) The first respondent filed O.S.No.223 of 2005, on the file of Principal District Munsif and Judicial Magistrate, Karaikudi, for declaration of title to suit property and for permanent injunction, against the original appellant Maruthamuthu and his brother Chinnaiah, the second respondent herein. Chinnaiah is arrayed as second respondent as he did not file appeal.

(3.) According to the first respondent, the suit property along with larger extent measuring 14 acres 26 cents, originally belonged to his paternal grand father Chockalingam Chettiyar. His grand father had two sons, viz., Athappa Chettiyar @ Manickam Chettiyar, the father of first respondent and Nallappa Chettiyar. The two sons of Chockalingam Chettiyar inherited 7 acres each. Nallappa Chettiyar, paternal uncle of first respondent sold the property to Muthu Nadar, father of Maruthamuthu and second respondent. Remaining 7 acres was in possession and enjoyment of first respondent's father viz., Athappa Chettiyar @ Manickam Chettiyar. The first respondent inherited the said property and he is in possession and enjoyment of the suit property. According to the first respondent, the said Maruthamuthu and second respondent tried to interfere with the possession of first respondent, during May 2005 and fraudulently changed the revenue records and were trying to disposes the first respondent by using fence. The first respondent issued a notice to appellant and the second respondent, filed suit for the relief of declaration of title of suit property and for permanent injunction.