PATTAMMAL (DECEASED) Vs. VIMALA

JUDGEMENT

(1.) The defendants in this Second Appeal have impugned the judgment and decree dated 18.08.2010 made in A.S.No.17 of 2009 on the file of the Subordinate Judge, Gingee, confirming the judgment and decree dated 08.04.2009 made in O.S.No.431 of 1990 on the file of the Principal District Munsif Court, Gingee.

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

(3.) Vinayaga, father of the deceased first plaintiff and Murugesan, father of the deceased first defendant are brothers. Now according to the plaintiffs, the suit properties belonged to Vinayaga and after his death, the suit properties were inherited by the deceased first plaintiff and enjoyed by him and in evidence of his possession and enjoyment of the suit properties, according to the plaintiffs in the updating Registry Scheme, the deceased first plaintiff had been granted patta and also chitta and it is further stated that the claim of the deceased first defendant seeking joint patta in respect of the suit properties was negatived by the revenue authority. However, the deceased first defendant, subsequently without notice to the deceased first plaintiff, had stealthily obtained patta in respect of the suit properties and thereby, attempted to interfere with the possession and enjoyment of the plaintiffs in respect of the suit properties and hence, the suit for appropriate reliefs.