KALLANAI AMBALAM Vs. R.R. MUNIYANDI

JUDGEMENT

(1.) THE concurrent judgments passed in original suit No. 509 of 1995 by the Second Additional District Munsif Court, Dindigul and in appeal suit No. 412 of 2004 by the Principal Subordinate Court, Dindigul are now under challenge.

(2.) THE appellant herein as plaintiff has instituted original suit No. 509 of 1995 on the file of the trial Court for the reliefs of declaration and perpetual injunction, wherein one deceased Nallammal and the present respondents have been shown as defendants.

(3.) IT is averred in the plaint that the husband of the first defendant by name Ramasamy Ambalam is the paternal uncle of the plaintiff and the first defendant is the first wife of the Ramasamy Ambalam. The defendants 2 and 7 are the sons of the first defendant. The 3rd defendant is the wife of the 2nd defendant and the defendants 4 to 6 are their children. The 8th defendant is the wife of 7th defendant. The plaintiff and his deceased mother by name Papathi @ Karuppayee have jointly instituted original suit No. 169 of 1964 on the file of the Subordinate Court, Madurai, against the said Ramasamy Ambalam, the present defendants 1, 2 and 7 and others for the reliefs of partition and separate possession of their share in the joint family properties. After making hot contest, a preliminary decree has been passed on 31.2.1967 and in pursuance of the preliminary decree, the plaintiff and his mother have filed I.A.No. 21 of 1967 and a final decree has been passed and subsequently the plaintiff and his mother have obtained possession of the suit properties as per the order passed in execution petition No. 42 of 1971 and since then the plaintiff and his mother are in exclusive possession and enjoyment of the suit properties. The mother of the plaintiff has passed away, leaving behind the plaintiff as her sole legal heir. The plaintiff as owner of the suit properties, have created mortgages in favour of third parties and subsequently redeemed the same. The paternal uncle of the plaintiff viz., Ramasamy Ambalam and the defendants 1, 2, 7 and 8 are not having any semblance of right over the suit properties and they demanded the plaintiff to sell the suit properties. Since the plaintiff has refused to concede their demand, they expressed their antagonistic attitude and the plaintiff has filed original suit No. 12 of 1979 on the file of the District Court, Madurai for the relief of permanent injunction. The defendants therein have filed a memo on 6.8.1979 and thereby admitted the title and possession of the plaintiff over the suit properties and on the basis of the memo filed by them, original suit No. 12 of 1979 has been closed. The paternal uncle of the plaintiff viz., Ramasamy Ambalam has passed away leaving behind his two wives viz., Nallammal and Vellaiammal and now the defendants are making arrangements to disturb the peaceful possession and enjoyment of the plaintiff over the suit properties by way of denying his title and under the said circumstances, the present suit has been instituted for the reliefs sought for in the plaint.