P.KALAIYARASAN
Devi – Appellant
Versus
Venugopal – Respondent
This Second Appeal is filed against the Judgment and Decree, dated 12.07.2002 made in A.S.No.21 of 2002 on the file of the Additional District Judge (Fast Track Court), Tirupattur, Vellore District, confirming the Judgment and Decree, dated 30.10.2000 made in O.S.No.991 of 1996 on the file of the District Munsif, Ambur.
2. The plaintiffs, who had lost in the Courts below are the appellants in this Second Appeal. The plaintiffs filed the suit for the relief of permanent injunction. The parties herein will be referred to according to their rank in the suit.
3. The suit property originally belonged to Yegappa Gounder, as per the partition deed, dated 16.11.1955. The property devolved on his son Sathyamurthy, after the death of his father and mother. Sathyamurthy also died on 02.09.1995. Thereafter, the plaintiffs, being legal heirs of Sathyamurthy have been in possession and enjoyment of the suit property. The defendant attempted to trespass into the suit property on 25.04.1996 and 28.06.1996 and his attempt was thwarted by the plaintiffs with the help of others. Therefore, the present suit.
4. The defendant in his written statement contends that even as per the partition deed,
Dina Malar Publications v. Tiruchirapalli Municipality, reported in
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