T P SHANMUGAMOORTHY Vs. NAGANAICKER

JUDGEMENT

(1.) The S.A.Nos.739 of 2003 and 1820 of 2003 had been directed against the common judgment and decree dated 13.07.2001 passed in A.S.Nos.80 and 78 of 2000 on the file of the Principal Subordinate Court, Gobichettipalayam, reversing the judgment and decree dated 29.09.2000 passed in O.S.Nos.284 of 1992 and 295 of 1992 on the file of the District Munsif court, Sathyamangalam.

(2.) O.S.No.284 of 1992 has been laid for declaration and permanent injunction. O.S.No.295 of 1992 has been laid for declaration and permanent injunction.

(3.) The case of the appellants in both matters in brief is that the old survey fields 2/2 and 271/1 measuring 0.62 acres and 0.48 acres respectively belonged to one Angappa Mudaliyar and his brother Kumarsamy Mudaliyar jointly and subsequent to the death of Angappa Mudaliyar, his only son Shanmugam became the owner of the common half share in the above said old survey fields and Kumarasamy Mudaliyar had six sons and they jointly became entitled to the other common half share in the above old survey fields and in the family partition effected amongst the sons of Kumarasamy Mudaliyar, the common half share belonging to the said family was allotted to Arumugam, one of the sons of Kumarasamy Mudaliyar and accordingly, Shanmugam and Arumugam had became the owners of the above said old survey fields which were clubbed together and resurveyed as survey number 2/1 and on 19.08.1963, Arumugam and his two sons sold an extent of 5 cents of land within specific boundaries in old SF number 2/1 to one Palani Gounder by way of registered sale deed dated 19.08.1963 and Palani Gounder purchased the above said property for the purpose of digging the mud and enjoying the same as such and the said 5 cents of lands is located in the north -western corner of the survey number 2/1 and in the partition of the properties in the family of Palani Gounder, the above 5 cents of land was allotted to his son Shanmugamoorthy, by way of registered partition deed dated 20.06.1967 and subsequently Shanmugamoorthy the first appellant, on 15.06.1992, sold an extent of 2 cents of land in the suit property within specific boundaries to the second appellant and accordingly the second appellant had been in possession and enjoyment of the said extent of 2 cents of land and thus according to the appellants, the respondent and his predecessors in title have no right or title to the above said 5 cents of land being enjoyed by the appellants as above stated and the appellants had also dug a well in the above said property and on the other hand, the respondent with a view to grab the said property, attempted to interfere with the possession and enjoyment of the appellants, according to the appellants, laying a false claim to the said property laid a false suit against the appellants in O.S.No.284 of 1992 and as he had attempted to disturb their possession and enjoyment with reference to the said property, according to the appellants, they had been necessitated to lay the suit against the respondent in O.S.No.295 of 1992 for appropriate reliefs.