T TAMILARASAN Vs. AROKKIASAMY

JUDGEMENT

(1.) THE plaintiff in the trial court is the appellant in the second appeal. The suit was filed for a permanent injunction against the defendants from interfering with the plaintiff's possession of the property which is to an extent of 459 sq. metres of house site with thatched shed and mamool pathway rights comprised in R. S. F. No. 1044/3 in Pallapalayam Village, Perundurai Taluk, Erode District.

(2.) THE claim of the plaintiff was based on the patta issued by the Special Tahsildar on 31. 05. 1993 which was marked as Ex. A1. It was further the case of the plaintiff that the defendants who have nothing to the do with property have attempted to interfere and demolished the thatched shed which has resulted in filing the above said suit.

(3.) ON the other hand, the defendants in the written statement have categorically stated that the plaintiff is the absolute owner of the property situated in R. S. F. No. 1044/3 as per the Patta dated 31. 05. 93. However, in the later part of the written statement, the defendants have stated that property comprised in R. S. F. No. 1044/3 was subsequently divided into 5 parts and separate pattas were issued to five persons. It is the case of the defendants that originally the property belonged to one Jeevanandam who is the father of defendants 2 and 3 and grand father of the first defendant and the plaintiff. The said Jeevanandam has five sons namely Themothan who is the father of the plaintiff, Joseph the father of the first defendant, Thomas the second defendant, Devasagayam the third defendant and Jayaraj. After the division of the said property, S. F. No. 1044/3 was allotted to the plaintiff and his brother namely Anbalagan, S. F. No. 1044/3b was allotted to the first defendant's father Joseph, S. F. No. 1044/3c was allotted to the second defendant, S. F. No. 1044/3d was allotted to the third defendant and Jayaraj was allotted the property situated in S. F. No. 1044/3a.