PADMAVATHY Vs. SUNDARARAJAN

JUDGEMENT

(1.) Aggrieved over the judgment and decree passed in A.S.No.26 of 2010 on the file of Additional Sub Court, Thanjavur, modifying the judgment and decree passed in O.S.No.138 of 2005 on the file of District Munsif, Thanjavur, the defendant has filed the above second appeal.

(2.) The respondent/plaintiff filed the suit in O.S.No.138 of 2005 for permanent injunction. The suit property is in T.S.No.1330. According to the plaintiff, he is in possession and enjoyment of the property. Further, according to the plaintiff, who is the brother of the defendant, the adjoining western side property in T.S.No.1331 was allotted to the defendant in the Will dated 20.04.1988. The property in T.S.No.1330 was allotted to the plaintiff by their father Kaliyaraju Naidu, who had died on 20.11.1990.

(3.) The defendant contended that the plaintiff cannot claim any right in T.S.No.1331, which absolutely belong to her. Before the Trial Court on the side of the plaintiff, 2 witnesses were examined and 5 documents Ex.A1 to Ex.A5 were marked. On the side of the defendant, she was examined as DW1 and 6 documents Ex.B1 to Ex.B6 were marked.