MURUGESAN Vs. PERUMAL GOUNDAR

JUDGEMENT

(1.) The plaintiff who lost the case in both the Courts below has filed the second appeal before this Court.

(2.) The case of the plaintiff is as follows: The plaintiff is the son of one Govindasamy Gounder through his first wife. After the death of the plaintiff's mother, the said Govindasamy Gounder subsequently married one Karupayee, with whom he gave birth to two male and one female child and all are residing in one roof and they are of the Hindu joint family and all of them are entitled to the properties left by the said Govindasamy Gounder.

(3.) The plaintiff's father had purchased 2/3rd share in the well that is situated in S.No.105/2 from its previous owner Govindasamy Reddiar under a registered Sale Deed dated 15.06.1954. The said well is situated in S.No.105/2 and it is intended to irrigate 54 cents in S.No.105/1, 1.35 acres in S.No.105/2 and 5.38 acres in 105/ Only the above said survey nos. are covered under the Ayacut of the well in S.No.105/2. Remaining 1/3 share of the well in S.No.105/2 was purchased by one Korakka Gounder along with 1.35 acres in S.No.105/2. The defendants purchased the property in S.No.94/4b by an extent of 58 acres from Surutayya Gounder under Sale Deed dated 29.01.1944. The said Korakka Gounder enjoyed the above said lands in S.No.105/2 and S.No.94/4b.