SRIDHARAN Vs. MADHUSUDHANAN

JUDGEMENT

(1.) The unsuccessful defendants are the appellants.

(2.) The respondents/plaintiffs filed a suit for declaration of their right to take water through A, B, C, D, E, F, G pipeline laid in suit 'B' schedule property and for consequential injunction restraining the appellants/defendants from interfering with the said right. The suit was dismissed by the trial Court. An appeal filed by the plaintiffs, the First Appellate Court allowed the same and granted decree for declaration and injunction as prayed for. Aggrieved by the said judgment and decree, the defendants have come before this Court.

(3.) According to the respondents/plaintiffs, the suit 'A' schedule properties are ancestral properties of plaintiffs' family. In the year 1977, there was a registered partition in the family and plaintiffs were allotted suit 'C' and 'B' schedule properties. Since the plaintiffs were minors at the time of partition, their father Ramasamy acted as their guardian. In the year 2008, there was an exchange deed between the plaintiffs 1 and 2 and as per the exchange, 1/2 portion allotted to 2nd plaintiff in suit 'A' schedule property was also given to the 1st plaintiff. Thus, the 1st plaintiff has become absolute owner of the suit 'A' schedule property.