V. SRINIVASAN Vs. SELVARAJ

JUDGEMENT

(1.) The present appeal is at the instance of the plaintiffs in O.S.275/1994 on the file of the Sub Court, Ariyalur, which was subsequently transferred to the file of District Munsif Court, Jeyankondam and re-numbered as O.S.No.403 of 1996.

(2.) The plaintiffs are aggrieved by the order of remand made by the lower Appellate Court. The suit in O.S.No.403 of 1996 was filed by the plaintiffs before the trial Court seeking declaration of the title to the suit properties, permanent injunction restraining the defendants from interfering with their possession of certain items of properties and for recovery of possession of certain items.

(3.) The trial Court, upon consideration of the evidence on record, accepted the case of the plaintiffs that there was an oral partition in the family in the year 1951 and decreed the suit in respect of the properties except item 6. Further, the trial Court held that the plaintiffs are entitled to a decree for declaration in respect of all the suit items except item 6 and for permanent injunction restraining the defendants from interfering with the possession of the plaintiffs in respect of item Nos. 2 to 5, 7, 8 and 10. It was concluded that the plaintiffs are entitled to recovery of possession of items 1, 2 to 9 from the defendants along with mesne profits.