KANDASAMY ALIAS KANDAN Vs. PITCHAI

JUDGEMENT

(1.) O.S. No.157 of 1990 was filed by Kandasamy and Periyasamy against Marimuthu and Kandan, seeking a Judgment and Decree for permanent injunction, on the file of the Additional District Munsif Court, Kulithalai. Before the very same Court, the defendants filed O.S.No.157 of 1990, seeking partition and separate possession. Both the suits were taken up together. A common Judgment was rendered on 19.12.1990. O.S.No.157 of 1990 was taken up as the leading suit. The primary issue framed was whether the plaintiffs are entitled for partition and separate possession.

(2.) The entire dispute surrounds Arulmigu Kamatchi Amman and Arulmigu Pattayee idols in Kattuputhoor, Adi Dravidar Street at Kulithalai in Nagercoil District.

(3.) The learned Additional District Munsif, Kulithalai granted a decree as prayed for in O.S.No.155 of 1990 and dismissed O.S.No.157 of 1990. As against the said Judgment, A.S.Nos.47 of 1995 and A.S.No.50 of 1995 were filed. The appeals came up for consideration before the Subordinate Court, Kulithalai. It was found that the title was based an agreement on sale and not on a sale deed. It was stated that based on a consent agreement, partition was also sought. By Judgment dated 26.06.2000 in A.S.No.47 of 1995, the Judgment and Decree in O.S.No. 155 of 1990 was set aside and the appeal was allowed. A.S.No. 50 of 1995 was however dismissed.