R. GUNASEKAR Vs. THANGARASU ACHARI

JUDGEMENT

(1.) A challenge has been made to the common judgment and decree of the Trial Court, dismissing the two suits in O.S.Nos.60 and 61 of 2019 filed by the plaintiffs.

(2.) The property was originally owned by one Koothapadaiyatchi. His son Ramamoorthy had agreed to sell the property to one Chellamuthu by way of an agreement dtd. 20/6/1973. The said Chellamuthu had executed a Will dtd. 13/3/1992 bequeathing the property to both the plaintiffs / appellants herein equally, since they are brothers. After the death of Chellamuthu, both plaintiffs partitioned the property.

(3.) It is averred in the plaint that while recording the partition, the Survey Number has been mentioned as 106/1 instead of 106/3. According to the plaintiffs, though S.No.106/1 has been referred to in the document, the actual Survey Number is 106/3 and therefore, sought for declaration and injunction.