M.RAJU Vs. PACHAMUTHU

JUDGEMENT

(1.) The defendants in O.S.No. 946 of 2008 having suffered a decree for declaration and injunction concurrently, have come forward with this second appeal.

(2.) The said suit was filed by the respondents / plaintiffs seeking declaration of the title and permanent injunction contending that the suit properties originally allotted to their father Chellappa Gounder in a partition that took place on 11.07.1957 between him and his brother Nachiappa. The plaintiffs purchased part of the suit properties under sale deed dated 09.10.1978 from the said Nachiappa Gounder. According to the plaintiffs, they have been in possession of the property right from the date of partition. Though the other properties that were allotted to Chellappa Gounder were partitioned, the suit property was not divided and it continued to be in joint possession of the plaintiffs. Claiming that the defendants had attempted to interfere with their possession on 23.08.2008, the plaintiffs have come forward with the above suit seeking declaration of their title and injunction.

(3.) The suit was resisted by the defendants contending that the plaintiffs do not have any right or title over the suit properties. The partition deed and the sale deed are self-serving documents which will not confer title. It is also claimed that the suit properties ancestrally belonged to the defendants family and they have been in possession of the property. It was further contended that the son of the first plaintiff Raja was permitted to put up construction in a portion of the suit property and run a powerloom. Taking advantage of the said permission, the plaintiffs have come forward with the present suit. On the above pleadings, the defendants sought for dismissal of the suit.