ARUNACHALAM Vs. MANICKAMMAL

JUDGEMENT

(1.) This Second Appeal is filed by the Defendant in the Original Suit. Challenge is to the Judgment and Decree, dated February 1, 2012 passed in A.S. No.26 of 2011 by the 'Subordinate Court, Harur' [henceforth 'First Appellate Court'] reversing the Judgment and Decree, dated December 22, 2009 passed in O.S. No.516 of 2004 by the 'District Munsif Court, Harur' [henceforth 'Trial Court'].

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

(3.) According to the Plaintiffs, the First Plaintiff's Husband is Rathinam, and the Plaintiffs 2 & 3 are their Sons. The Defendant is the First Plaintiff's Brother. Suit Property was purchased by the First Plaintiff's husband - Rathinam vide Sale Deed, dated December 5, 1972 and he was in possession and enjoyment till his demise in 1993. Thereafter the Plaintiffs are in its possession and enjoyment. The Plaintiffs are residing in Pallipatty Village while the Suit Property is situate in Eachampadi Village which is 50 Kms away from the said Pallipatty Village. The Defendant is residing in Eachampadi Village has been maintaining the Suit Property and paying Kists on behalf of the Plaintiffs. However, the Defendant clandestinely mutated the Revenue records in his name, filed a Suit in O.S. No.377 of 2004 for Permanent Injunction against the Plaintiffs in respect of the Suit Property, and also attempted to trespass into the Suit Property on September 29, 2004. The Plaintiffs learnt about the mutation of Revenue records only in the 1st week of July 2004. Hence, the Suit for Declaration and Permanent Injunction.