CHINNASAMY Vs. GURUSAMY

JUDGEMENT

(1.) The defendants in the suit in O.S.No.57 of 2010 on the file of the learned Principal District Munsif Court, Sankarankovil are the appellants in this second appeal. The respondents filed a suit in O.S.No.57 of 2010 for declaration of title and permanent injunction restraining the appellants/defendants from interfering with the peaceful possession and enjoyment of the suit property. The suit property is an extent of 0.98.0 hectares in survey no.312/3 in Panthapuli village, Sankarankovil taluk.

(2.) The case of the plaintiffs as stated in the plaint are as follows:

(3.) The suit was contested by the defendants denying the averments in the plaint. The sale deed and the registered settlement deed relied upon by the plaintiffs are disputed by the defendants. It is the specific case of the defendants that the suit property originally belonged to one Perumalakammal, wife of Venkatasamy Naicker @ Muthiah Naicker. Since the property is the ancestral property of Perumalakammal and the said Perumalakkammal died leaving behind the first defendant and one Kalimuthu as her heirs, it is stated that the first defendant and Kalimuthu were in enjoyment of the suit property as absolute owners. It is further stated that there was an oral partition between the first defendant and Kalimuthu in the year 2004 and the suit property was allotted to the share of the first defendant. It is also the case of the first defendant that the name of Perumalakammal was also shown as owner in all the revenue records and possession and enjoyment of the plaintiffs is also disputed by the defendants.