K M LINGAN Vs. LAKSHMIAMMAL

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and decree in A. S. No. 36 of 1996 on the file of the Court of Subordinate Judge, Udhagamandalam. The plaintiff filed O. S. No. 178 of 1995 on the file of the Court of District Munsif, Kothagiri for bare injunction has obtained a decree in his favour before the trial Court. Aggrieved by the findings of the learned trial Judge, the defendants have preferred an appeal in A. S. No. 36 of 1996 before the Subordinate Judge, Udhagamandalam who has allowed the appeal thereby setting aside the decree and Judgment of the trial Court, which necessitated the plaintiff to prefer this second appeal.

(2.) THE short facts of the averments in the plaint relevant for the purpose of deciding this appeal sans irrelevant particulars are as follows: the plaintiff's late paternal grand father T. Kulla Maistry executed a settlement deed dated 5. 11. 1958 in favour of the plaintiff and his brother Rangaswamy and his other cousins namely, Rangaswamy, Manian, Mathan, T. K. Ramaswamy, Devaraj and Manian's son T. K. Lakshmanan for an extent of 13 acres 92 cents in R. S. No. 378/1, 402, 254/1, 271/1, 228/3, 377/1b, 377/1a of Kengarai Village, Kotagiri Taluk. At the time of execution of settlement deed, the plaintiff and his first cousins were minors, the property in question was looked after jointly by their respective guardians. After the plaintiff and his first cousin attained majority, the property in question was orally partitioned between the sharers and in the oral partition, the plaintiff got an extent of 1 acre 16 cents in R. S. No. 254/1d, subdivided from original survey number of 254/1 with specific boundaries.

(3.) THE defendants 1 and 2 have filed a joint written statement contending as follows: