SELVARAJ Vs. NAGARAJAN

JUDGEMENT

(1.) The Second Appeal arises out of the Judgment and Decree, dated 28.04.2000 made in A.S.No.94 of 1999 on the file of the Subordinate Court, Mayiladuthurai.

(2.) This Second Appeal is preferred against concurrent findings of the Court below, dismissing the plaintiffs' suit for declaration and permanent injunction. Unsuccessful plaintiffs are the appellants. For convenience, parties are to be referred to in their original rank in the suit.

(3.) The plaintiffs 2 to 5 are children of the first plaintiff. During the pendency of the suit, first plaintiff died. The first plaintiff's wife Thillai Ammal had originally purchased suit "A" schedule property from one Janaki Ammal under sale deed, dated 11.11.1965. The suit "B" schedule property is part of "A" schedule property. "B" schedule property is shown as ABCD in the plaint plan. After the demise of Thillai Ammal, plaintiffs have been in enjoyment of the suit property.