B.PARVATHY Vs. K.B.HALAN

JUDGEMENT

(1.) This second appeal is directed as against the judgment and decree dated 17.07.2003 passed in A.S.No.23 of 2003 on the file of the District Court, Nilgiris at Udagamandalam, confirming the judgment and decree dated 07.02.2003 passed in O.S.No.34 of 1997 on the file of the District Munsif Court, Kotagiri.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

(3.) The case of the plaintiff in brief is as follows :- 3.1. The suit is filed for permanent injunction. The suit property belongs to Kinna Bellie, Pela Ajjan, Keme Iyyan, Kutta Dhonan and Kuttu Hiriyan and in the partition effected among themselves each of them entitled to 0.09 acres. The said Keme Iyyan had two sons viz., Sevanan and Morchan. After the demise of the said Keme Iyyan, his share of 0.09 acres was partitioned between his two sons Sevanan and Morchan and each of them entitled to get 0.04- 1/2 acres. The said Sevanan purchased an extent of 0.09 acres in the same survey number from Pela Ajjan and hence he became entitle for 0.13- 1/2 acres. The said Sevanan died leaving behind three sons viz., Bella Gowder, Bellie Gowder and Nanja Gowder and they were divided the property equally and each of them got 4- 1/2 cents. Nanja Gowder had two sons viz., K.N.Ajjan and K.N.Joghee and by mutual arrangement, the entire 4- 1/2 cents came to K.N.Joghee and he was in possession and after his death, the plaintiff is in possession and enjoyment of the property as his sole representative. While being so, the defendants, who are the legal heirs of the said Bella Gowder and Belli Gowder, are attempted to interfere with her possession and enjoyment and hence, the plaintiff filed this present suit.