ALAGARSAMY AND ORS. Vs. ANDIANANDAM AND ORS.

JUDGEMENT

(1.) The defendants 1 and 2 are the appellants in a suit for declaration and injunction.

(2.) The case of the plaintiffs is that originally, the properties belong to one Andiyappa Thevar, who died in the year 1950, leaving behind his two sons Sangili Thevar and Ganapathy Thevar. There was a partition between them in the year 1958. The plaintiffs are the children of Ganapathi Thevar and the defendants are the children of Sangili Thevar. Sangili Thevar died in the year 1960 and the plaintiffs father Ganapathi Thevar died on 6/11/1987. According to the plaintiffs, their father had left a Will dated 14/9/1987.

(3.) It is the case of the plaintiffs that from the year 1958, the plaintiffs father was in enjoyment of the suit property and thereafter, the plaintiffs have been in enjoyment of the lands situate in S.Nos. 162/2 and 162/7 to an extent of 2.86 acres. The suit schedule properties also were irrigated from a well situate in S.No.162/6 in which the plaintiffs and the defendants have got the equal share. While so, as if the defendants wanted to exchange the lands belonging to their mother Kuruvammal with that of the plaintiffs and as the plaintiffs refused, the suit had been filed by the plaintiffs for declaration and permanent injunction.