RAMASAMY Vs. SENATHIPATHY AND OTHER

JUDGEMENT

(1.) Aggrieved over the concurrent findings made in O.S.No. 338 of 1983 and A.S.No.40 of 1996 on the file of the District Munsif Court, Palani and Subordinate Court, Palani, respectively the appellant/plaintiff filed this second appeal prayed to set aside the findings arrived at by the Courts below.

(2.) Before the trial Court, the plaintiff/appellant Ramasamy filed a suit against the respondents/defendants seeking the relief of declaration declaring that the plaintiff is entitled the suit property and consequently, the relief of permanent injunction restraining the defendants and their men from interfering with the plaintiff peaceful possession and enjoyment. The learned District Munsif, Palani, by judgment and decree dtd. 22/8/1994 decreed the suit declaring that the plaintiff is the absolute owner of the property in S.F.No.118/1 of Chinthalavadampatti village only to an extent of 3 Acre 19 Cents situated on the northern side. Further, granted the relief of declaration that the plaintiff is entitled only 5/7th share in the well situated in S.F.No.127/2. Accordingly, the trial Court has not granted the relief in favour of the plaintiff in respect to 5.40 acres, since the same was claimed by the defendants 2 and 3 as they are the absolute owner of the said property through the Will executed by Alameluammal. In the appeal, the learned Subordinate Judge has also confirmed the findings arrived by the trial Court. However, the said Court granted the relief of injunction in favour of the plaintiff for the entire property by stating that as of now the entire property is in possession of the plaintiff. Aggrieved over the said findings, the plaintiff/appellant filed this present second appeal.

(3.) For the sake of convenience, the parties are referred to as, as described by the trial Court.