KOTTAICHAMY Vs. KANNAN

JUDGEMENT

(1.) THE unsuccessful plaintiffs, who have lost their case in both the Courts below, have come forward with this second appeal.

(2.) THE appellants herein had filed the original suit O.S.No.25 of 2000 on the file of the District Munsif, Thiruvadanai for declaration and permanent injunction contending that the suit properties were their ancestral properties. In the plaint they had also contended that in a partition effected in their family under a registered partition deed dated 18.5.1917, the suit properties were allotted to the share of the ancestors of the appellants/plaintiffs showing the same in Schedule A of the said partition deed; that the allottees under the said partition were Manicka Thevar and Kalimuthu Thevar; that the name of the husband of Kaliammal (the deceased first defendant) who was also the father of Kannan (respondent/second defendant) also happened to be Kalimuthu Thevar; that taking advantage of the identical names, the defendants managed to get patta in the name of the deceased first defendant and on the strength of such patta, they were threatening to trespass into the suit properties besides asserting title to the suit properties and that hence the appellants/plaintiffs were constrained to file the suit seeking a declaration of their title and a perpetual injunction against the defendants not to disturb their peaceful possession and enjoyment of the suit properties.

(3.) THE suit was resisted by filing the written statement denying the plaint averments and making the following allegations: