JAYARAMAN; BALARAMAN Vs. PONNIAMMAL; MUNUSAMI REDDY; SHANTHI; NITYANANDAM; SUMATHI; KUMARAVELU; SATYABAMA; LALITHA; KAVITHA; M MANOKARAN; A SANKAR; KARTHIKEYAN

JUDGEMENT

(1.) The appellants are the 2nd and 3rd defendants in a suit for declaration, recovery of possession and for permanent injunction. The 1st respondent herein is the plaintiff.

(2.) The case of the plaintiff is as follows:

(3.) The 1st defendant remained exparte. However, his sons viz., 2nd and 3rd defendants contested the suit. The case of the defendants is that the property was originally belonged to one Govinda Reddy and after his death, his four sons Perumal Reddy, Murugappa Reddy, Muthappa Reddy, Chinnamunusamy @ Munusamy Reddy jointly enjoyed the same. Murugappa Reddy died in the year 1930. Chinnamunusamy @ Munusamy Reddy died in the year 1945 and Perumal Reddy also died in the year 1950. Therefore, the grandfather of the 3rd defendant namely Muthappa Reddy got the entire 2.78 acres and died leaving the first defendant as legal heir. The 2nd and 3rd defendants being the sons of the first defendant are entitled to the suit property by their birth.