SAKUNTHALA Vs. C RAJENDRAN

JUDGEMENT

(1.) The 1st defendant in O.S.No.802 of 2008 on the file of the learned Additional District judge, Coimbatore is the appellant. The said suit was filed by the respondents 1 and 2 herein as plaintiffs, seeking declaration of their title and for consequential injunction restraining the defendants therein from interfering with their peaceful possession and enjoyment of the suit property, for cancellation of final decree for partition passed in OS.No.57 of 2008 on the file of Sub-Court, Tiruppur and for costs.

(2.) According to the plaintiffs, the suit properties belong to the family of one Sankarappa Gounder. In a partition that took place on 23.05.1974 the said properties were allotted to one Periyasamy Gounder who was the grandson of Sankarappa Gounder. The said Periyasamy Gounder died leaving behind his wife Sornathal and son Easwaran. The mother and the son namely Sornathal and Easwaran entered into a partition on 18.08.1995 under which the suit property measuring about 3.58 acres in Survey No.150/3 of Mudhalipalayam village, Tiruppur Taluk was alloted to Sornathal. It is also contended that the said Sornathal sold the suit property to the plaintiffs under a registered sale deed dated 07.05.2007.

(3.) The plaintiffs would claim that the defendants 1 to 5, who are strangers to the property obtained a decree for partition in OS.No.57 of 2008 through the Lok Adalat and on the strength of the said decree, they have attempted to get their name included in the revenue records. Sensing trouble, the plaintiffs have come forward with the above suit.