ARUMUGASERVAI Vs. KATTARIPANDIAN

JUDGEMENT

(1.) The unsuccessful plaintiffs who were impleaded as the legal heirs of the deceased first plaintiff in the suit are before this Court. The Second Appeal is filed challenging the Judgment and decree dtd. 4/12/2024, in A.S.No.11 of 2024, on the file of the Sub Court, Bodinayakanur, Theni District, confirming the judgment and decree dtd. 17/8/2021, in O.S.No.85 of 2015, on the file of the District Munsif Court, Bodinayakanur.

(2.) For the sake of inconvenience, the parties are referred to as per their ranking before the trial Court.

(3.) Originally, the suit was filed by the deceased first plaintiff who is the father of the plaintiffs 2 to 5. According to the first plaintiff, the first defendant is the owner of the suit schedule property and he has been assigned with the tenancy to cultivate the land based on which he was registered as cultivating tenant on 28/10/1971. He has been cultivating the said land by cultivating Coconut, Mango, Lemon and Jack fruit etc. Pursuant to the registration of his name by the Special Tashildar as a cultivating tenant, he has been cultivating the land by paying lease amount to the first defendant. While so, all of a sudden for the past one week prior to filing of the suit, the first defendant by intending to change the cultivating tenancy in favour of the second defendant started to interfere in the possession and cultivation carried on by the first plaintiff. As such, the first plaintiff has come up with the suit for permanent injunction. The suit was filed on 20/8/2015, and the first plaintiff died on 25/5/2018. Pursuant to which, the plaintiffs 2 to 5 have been impleaded as the legal heirs and they have filed amended plaint.