KALIAPERUMAL Vs. MINOR ARUNKUMAR

JUDGEMENT

(1.) This Second Appeal is filed assailing the Judgment and Decree dated December 8, 2014 passed in A.S. No.8 of 2004 by 'the Additional Subordinate Court, Vriddhachalam' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated October 30, 2003 passed in O.S. No.173 of 2003 by 'the Additional District Munsif Court, Vriddhachalam' ['Trial Court' for brevity] was modified to the effect that the plaintiff is the title holder of north-south 15 1/2 feet instead of north-south 13 feet. The appellants herein are the defendants in the Original Suit and respondents in the Appeal Suit.

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

(3.) Case of the plaintiff is that the suit property originally belonged to one Singaram as his ancestral property. On February 4, 2002, the said Singaram executed a Gift Settlement Deed in favour of the plaintiff, who was then a minor represented by his mother and natural guardian, Muthulakshmi. Pursuant to the said Gift Settlement Deed, the plaintiff has been in possession and enjoyment of the suit property. A common passage is situated on the northern side of the suit property, over which both the plaintiff and the defendants are entitled to a right. Owing to some previous animosity, the defendants attempted to interfere with the plaintiff's peaceful possession and enjoyment of the suit property. Hence, the plaintiff has filed the Suit seeking declaration, permanent injunction, and costs.