SUBBAIYAN Vs. UDAIYAPPAN

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dated 30.03.2010 made in A.S.No.11 of 2008 on the file of the Subordinate Court, Pattukottai, confirming the judgment and decree in O.S.No.33 of 2004 dated 29.09.2006, on the file of the District Munsif Court, Pattukottai.

(2.) The appellants are the plaintiffs and the respondents are the defendants in the suit filed by the plaintiffs in O.S.No.33 of 2004 on the file of the District Munsif Court, Pattukottai. It is stated in the plaint that the suit property as well as the property in S.No.70/4D are the ancestral properties of the plaintiffs. The house of the plaintiffs lies in the area comprising of both the suit property as well as the property in S.No.70/4D. Thereafter, the Government has acquired certain portion over the same, pursuant to which partition was effected and finally, it was divided and patta was properly granted to the plaintiffs for an area of 0.04.5 ares of land in S.No.70/4D. While so, because of the family dispute, the defendants are threatening the plaintiffs that they will obstruct the peaceful possession and enjoyment of the said property by the plaintiffs. In view of the same, the present suit has been filed for a declaration and permanent injunction against the defendants restraining them from making such obstruction. Written Statement was filed denying the allegations made in the plaint stating that the suit has to be dismissed.

(3.) Before the Trial Court, on the side of the plaintiffs, P.Ws.1 and 2 were examined and Exs.Al to A4 were marked. On the side of the defendants, D.Ws.1 and 2 were examined and Exs.D1 to D6 were marked. Exs.C1 to C4 were marked on behalf of the Court.