PANDURANGA GRAMANI Vs. SUNDARAM

JUDGEMENT

(1.) THESE second appeals are listed today for admission and I heard the learned counsel for the appellant.

(2.) THE first defendant in o. S. No. 1067 of 1990 before the Principal District Munsif, Tindivanam is the appellant in Second Appeal No. 269 of 2006. THE said suit was filed by the plaintiffs therein for declaration and permanent injunction.

(3.) (a) The case of the plaintiffs in O. S. No. 1067 of 1990 is that the suit property and other properties originally belonged to Manicka Gramani, the father of the first plaintiff. Manicka Gramani died 35 years ago, leaving plaintiff and also other heirs. By mutual arrangement, the family of four sons of Manicka gramani cultivated their respective portion of the properties. As per the said oral arrangement, the suit property is now in possession of the plaintiff. Manicka gramani and Munusamy Gramani are brothers and they divided their properties before 1900. Defendant is the son of Munusamy Gramani. Each of them independently purchased properties and the suit property is one such property purchased by Manicka Gramani from Manjani Kounder and others under Sale deed dated 22. 05. 1901 and was in possession and enjoyment of the same. There is a well sunk by Manicka Gramani in the property situate North of the suit property which is used for irrigating the suit property. One Thanjammal was the grand mother of Manicka Gramani. Thanjammal's foster son was one Govinda Gramani. Thanjammal possessed considerable properties, which were bequeathed by her by executing a will in favour of Manicka Gramani, Munusamy Gramani and her foster son Govinda Gramani's son Saminathan. On 22. 07. 1926 the beneficiaries of the said Will divided their respective properties. Neither Munusamy Gramani, nor his son the defendant herein is not entitled to any right over the suit property. Now, the defendants are attempting to trespass into the suit property and evict the plaintiffs from the same, hence the suit. (b) The defendants have filed their written statement stating that this suit is filed as a counter to the suit filed by this defendant in O. S. No. 55 of 1990. The properties comprised in Survey No. 202/11 and 202/12 were common properties belonged to the brothers of Munusamy Gramani and Manicka Gramani. Both the properties were purchased in the year 27. 08. 1894 and 01. 08. 1901 and at the time of purchase, the joint family consisting of Manicka Gramani, Munusamy Gramani and their sisters son Saminatha Gramani were in common possession and enjoyment. Manicka gramani was the head of the family and therefore the property was purchased in his name. The alleged will was never acted upon. The Plaintiff is not entitled to any relief sought for in this suit. Manicka Gramani and his legal heirs are necessary parties to the suit and they were not arrayed as parties as such the suit is bad for non-joinder of necessary parties.