R SUBBARAYA GOUNDER (DECEASED) Vs. SUBBAIAH GOUNDER (DECEASED)

JUDGEMENT

(1.) The plaintiffs in O.S.No.142 of 1988 on the file of the Subordinate Judge, Dharapuram are the appellants herein. They filed a suit for declaration of their title to the suit properties and for a permanent injunction restraining the respondents/defendants from interfering with their peaceful possession and enjoyment of the suit properties.

(2.) During the pendency of this appeal, the appellants 1, 3 5 and first respondent died and their legal heirs were impleaded in the appeal.

(3.) The suit properties are described as 'A' and 'B 'schedule properties in the plaint. The 'A' schedule property is 2/3 share of 7.23 acres in G.S 955 of Mudalipalayam Village, Kangeyam Taluk. The 'B' schedule property is the 1/3 share in the same survey number. Both the properties originally belonged to one Periyanna Gounder. Periyanna Gounder had 4 sons by name Kumarasamy Gounder, Pacha Gounder, Chennimalai Gounder and Palani Kangeya Gounder. The plaintiffs' vendor is Muthusamy Gounder, who is the son of Palani Kangeya Gounder. The respondent is the son of Kumarasamy Gounder and Kumarasamy Gounder is the brother of Palani Kangeya Gounder. Pacha Gounder had two sons by name Thirumalaisamy Gounder and Periyasami Gounder (2nd defendant). The wife of Thirumalaisamy is the 6th defendant. The defendants 3 to 5 are their sons and daughters. There is no dispute with regard to the relationship between the parties. Subbaraya Gounder (2nd plaintiff) is the father-in-law of the first plaintiff. The plaintiffs 3 to 6 are the legal heirs of Subbaraya Gounder. To be more precise, the first plaintiff's name is R.Subbaraya Gounder and his father-in-law (2nd plaintiff) is C.Subbaraya Gounder. The 6th plaintiff is C.Subbaraya Gounder's wife, while plaintiffs 3 to 4 are his daughter. Chennimalai Gounder sold his 1/4th share in favour of Nallasamy Gounder on 12.10.1906. The said Nallasamy Gounder in turn sold the said property in favour of Kumarasamy Gounder and his other two brothers. Therefore, the three brothers are each entitled to 1/3rd share in the entire extent of the land measuring 7 acres 23 cents in the suit survey number. The first defendant's father Kumarasamy Gounder sold his 1/3rd share in favour of Chinnamuthu and Periyamuthu Gounder through a sale deed dated 4.2.1920 (Ex.A13). Chinnamuthu Gounder in turn sold the said property to the first plaintiff and his father-in-law C.Subbaraya Gounder (2nd plaintiff) through a registered sale deed dated 22.06.1956 (Ex.A1).