K.LAKSHIAMMAL Vs. P.ANNAPUSHPAM

JUDGEMENT

(1.) The defendants 1 to 17 in the suit in O.S.No.103 of 2002 on the file of the Additional District Munsif Court, Tenkasi, are the appellants in the above Second Appeal.

(2.) The respondent in this appeal filed a suit in O.S.No.103 of 2002 for declaration that the plaintiff is entitled to the suit second schedule property and for consequential injunction restraining the defendants from interfering with her peaceful possession and enjoyment of the suit property. The first schedule property has been described as a punja land measuring an extent of 3.85 acres in Survey No.315 in Alangulam Village, Tenkasi Taluk. The second schedule is an extent of 96 cents which is part of the first schedule property and lying on the western side of the total extent of 3.85 acres in Survey No.315. The suit second schedule is also described with reference to boundaries on all four sides.

(3.) The case of the respondent in the plaint are as follows: 3.1.The suit property originally belonged to the five sons of one Sorimuthu Nadar and first schedule property was the ancestral property of the five brothers. The sons of Sorimuthu Nadar were jointly enjoying the suit first schedule. One of the sons of Sorimuthu Nadar by name Samuel Devadas died as a bachelor long back. Hence, the other sons of Sorimuthu Nadar by name Subramanya Nadar, Packiyamuthu Nadar, Ramasubbu Nadar and Chidambara Nadar were in enjoyment as joint owners. About thirty five years back, the four brothers, sons of Sorimuthu Nadar, entered into a partition in respect of the suit first schedule and various other properties belonged to them and the second schedule property was allotted to the share of Packiyamuthu Nadar, the grand father of the plaintiff. Hence, the second schedule property became the absolute property of Packiyamuthu Nadar.