KARUPPANAN Vs. RAJU

JUDGEMENT

(1.) These second appeals arise out of the common judgment passed by the learned II Additional District Judge at Erode in A.S.Nos.227 & 228 of 1998 dtd. 29/6/1999, in reversing the judgment and decree of the Court of District Munsif cum Judicial Magistrate at Perundurai in O.S.No.187 of 1995 and O.S.No.197 of 1996 dtd. 15/9/1998.

(2.) For the sake of convenience, the parties shall be referred to as per their ranks in the suit in O.S.No.197 of 1996.

(3.) O.S.No.197 of 1996 is a suit for partition. It was originally presented as O.S.No.349 of 1992, on the file of the Sub Court at Erode. Initially, it was decreed declaring the plaintiffs' 2/6th share. Aggreived by the same, the defendants 2 and 3 preferred an appeal. The appeal was allowed and the matter was remanded to the trial court for fresh consideration. Thereafter, the defendants 2 and 3 as plaintiffs, presented O.S.No.1568 of 1994 before the District Munsif Court at Erode. In this suit, the defendants 2 to 3, as plaintifffs, sought for a declaration that they are the absolute owners of the property, and also sought for permanent injunction restraining the defendants therein, from interfering with their peaceful possession and enjoyment of the property. Subsequently, both the suits were transferred to the file of the learned District Munsif cum Judicial Magistrate at Perundurai for disposal and renumbered as O.S.No.197 of 1996 and O.S.No.187 of 1995. The facts leading to the appeal