C CHOCKALINGAM Vs. C MUTHU

JUDGEMENT

(1.) The appellant, who is the plaintiff, filed a suit in O.S.No.20 of 2005 against the respondent/defendant before the District Munsif Court, Aranthangi, Pudukkottai District for declaration and for injunction.

(2.) According to the appellant, the suit property along with other properties were allotted to his grand-father by oral partition. His mother, who is the only daughter of his grand-father inherited the properties. In oral partition among the family members, the suit property was allotted to the appellant. The patta to the suit property was wrongly issued to the respondent. Based on the patta, the respondent tried to interfere with the possession of the appellant. The appellant issued a notice to the respondent and there was no response, hence, he filed the suit for the relief stated above.

(3.) The respondent filed written statement and contended that the suit property in Survey No.8/4 which belonged to family of the appellant was exchanged by oral exchange with property in Survey No.8/5 belonged to the family of the respondent. In the family partition, the suit property was allotted to the respondent. The patta to the suit property in Survey No.8/5 was issued to the appellant's mother and brother.