CHINNA GURUSAMY THEVAR (DIED) Vs. PITCHAIAMMAL

JUDGEMENT

(1.) The plaintiff in the suit in O.S.No.177 of 2003 on the file of the Principal District Munsif Court, Srivilliputhur, is the appellant in this appeal.

(2.) The appellant herein filed the suit in O.S.No.177 of 2003 before the Principal District Munsif Court, Srivilliputhur for declaration that the suit first schedule property described as "ABCD" in the plaint plan is the exclusive property of the plaintiff and for consequential relief of permanent injunction restraining the defendants from interfering with the plaintiff's peaceful enjoyment of the suit first schedule property. The suit is also for the relief of demarcation of the suit property and consequently directing the defendant to hand over possession of the encroached area.

(3.) The case of the appellant in the plaint is that the suit property described as first schedule belongs to the plaintiff. Though it is admitted that the suit property and other properties originally belonged to the ancestors of the plaintiff and the defendant by name, Alaguthevar, it is stated that the said Alaguthevar died about 60 years back leaving behind his 8 sons to inherit the property and to enjoy the suit property in common. It is the specific case of the plaintiff that the suit second schedule property is allotted to the father of the second defendant and the suit first and third schedule properties were allotted to the predecessor-in-interest of the plaintiff. The plaintiff specifically stated that the co-owners entered into an oral partition and later the property allotted to the father of plaintiff was inherited by the plaintiff and his father, who in turn, had divided the property by way of oral partition and it is stated that in the oral partition, the plaintiff was allotted with third schedule property measuring an extent of 26 cent and the first schedule property.