K.SAMPATH
Varadarasu alias Devarasu – Appellant
Versus
Malone Veerasamy alias Thanapal and Others – Respondent
The defendant in O.S.No.572/87 on the file of the First Additional District Munsif, Pondicherry, is the appellant in the second appeal. The respondents filed the suit for a declaration that they are the absolute owners of the B Schedule property, for recovery of possession of the same and for mesne profits past and future, on the following averments:
One Periya Ayee Ammal owned and possessed a lot of properties including the plaint A Schedule property. She died about 80 years prior to the suit, leaving behind five sons Amanan, Muthulingam, Thulukkanam, Arjunan and Subbarayan as her heirs. They enjoyed the entire A Schedule property and 4 other equally measured plots on the west of the A Schedule property as set out in the plaint plan. The five brothers divided the properties into five plots described as A, B, C, D and E in the plaint plan. Amanan was allotted the western most plot marked as A in the plan, the second brother Muthulingam the B marked plot, Thulukkanam C marked, Arjunan D marked and Subbarayan E marked. Since on the west, south and north of the plaint Schedule there was no access to road, a lane was opened in the middle by consent among the sharers from the
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