RAMASAMY Vs. SARASWATHI

JUDGEMENT

(1.) Challenge in this second appeal is made by the defendants against the judgment and decree dated 23.12.2010 passed in A.S. No.175 of 2008 on the file of the Sub Court, Perambalur, partly confirming/modifying the judgment and decree dated 20.08.2008 passed in O.S. No.28 of 2005 on the file of the District Munsif Court, Perambalur.

(2.) The suit has been laid by the plaintiff for declaration and permanent injunction.

(3.) It is not in dispute that the property comprised in Survey No.398/1A2 originally belonged to Arumuga Udayar, who is the father of the plaintiff, the first defendant and one Subbaraya Udayar. It is also admitted that Arumuga Udayar also had a daughter. It is the case of the plaintiff that after the death of Arumuga Udayar, his sons divided the joint family properties into three equal shares and according to the plaintiff, he had been allotted ⅓ share in the said properties and further, according to the plaintiff, the suit property fell to his share and inasmuch as the plaintiff, on account of his avocation, is residing at Ariyalur and also, for children education, he used to enjoy the suit property through the defendants by paying kist etc., and the defendants were also assisting him in the cultivation of the suit property and of late, inasmuch as the defendants, without any authority, had obtained patta for the suit property in their name behind the back of the plaintiff and without his consent, thereby, disputing the title of the plaintiff in respect of the suit property, according to the plaintiff, he has been necessitated to lay the suit for appropriate reliefs.