B.THIRUGNANASAMPANTHAN Vs. S.PERUMAL

JUDGEMENT

(1.) The two appeals arise out of two cross suits in OS No.434 of 2008 was filed by the respondent Perumal, seeking partition and separate possession of his half share in the suit property and OS No.490 of 2002 was filed by Thirugnanasampanthan, the appellant herein, seeking permanent injunction restraining the defendant, who is the plaintiff in OS No.434 of 2008, from interfering with his common user and enjoyment of the suit properties by putting up any further construction and making use of the Septic Tank, illegally put up and for a mandatory injunction directing the respondent to remove the Septic Tank put up in a 'A' Schedule Property.

(2.) The suit properties originally belonged to Chenniappa Mudaliar, the grandfather of the plaintiff in OS No.490 of 2002/appellant herein. At a partition that took place between Chenniappa Mudaliar and his sons on 30.01.1942, marked as Ex.B1, the suit properties were kept in common to be enjoyed by Chenniappa Mudaliar himself and one of his sons Thiagarajan. The suit property measures an extent of 1148 - 1/2 sq. feet. It is not in dispute that Chenniappa Mudaliar settled his undivided half share in the suit property in favour of the appellant herein under a registered Settlement Deed dated 07.03.1974.

(3.) As regards the half share that belonged to Thiagarajan, it devolved on his three sons Sivaprakasam, Schithananthan and Sivasamy. Sivasamy and Schithananthan, released their interest in the suit property along with other property under a registered Release Deed dated 19.09.1971 in favour of Sivaprakasam. Sivaprakasam in turn sold the suit property along with other property to Perumal, the respondent herein, under the registered Sale Deed dated 15.07.2002. Claiming that he is entitled to half share in the suit property by virtue of the purchase under the Sale Deed dated 15.07.2002, Perumal came up with the suit in OS No.434 of 2008, seeking partition and separate possession of his half share.