PANCHAPAKESAN ALIAS PANCHAMI Vs. SAMBANDAM

JUDGEMENT

(1.) IN S.A.(MD)No.31 of 1997, the defendant is the appellant. The appeal is preferred against the decree and judgment in A.S.No.149/1997, confirming the decree and judgment in O.S.No.230 of 1996, which is filed for permanent injunction.

(2.) IN S.A.(MD)No.759 of 1997 is filed by the sole plaintiff against the decree and judgment in A.S.No.126 of 1993, partially allowing the appeal as against the decree and judgment in O.S.No.214 of 1991, which was filed for partition of 1/6 share of the plaintiff along with his brothers and sisters.

(3.) AS far as the suit survey Numbers, S.No.154/2-A and 154/11-A are concerned, a dispute arose between the plaintiff and the defendants, which lead to filing of a suit in O.S.No.78/1991, which is an earlier Suit by the defendant for permanent injunction, restraining his younger brother not to interfere with his possession. He claimed that after the death of his father, he being the eldest member of the family, was in possession and enjoyment of the family properties and continue to cultivate the lands as a cultivating tenant and later he entered into a sale agreement with one Gomu, who was the subsequent purchaser from the original owner Seenivasa Perumal and claimed to be of possession.