The court emphasized the importance of establishing clear title and the admissibility of evidence under the Indian Evidence Act in property disputes.

1. The plaintiff, who lost his suit for declaration and injunction before the courts below, is the appellant herein.

2. Case of the plaintiff, in brief, is as follows:-

The suit property and other properties described in the suit schedule and few other properties were inherited by the plaintiff through his father Rajamanika Gounder. The property originally belong to the joint family, consisting of Rajamanickam Gounder and his brother Natasa Gounder. After the lifetime of Natasa Gounder, partition took place between the family members of Rajamanickam Gounder and Natesa Gounder on 31.12.1975. The partition deed was duly registered. Under the partition deed 'A' schedule property was allotted to Rajamanickam and his wife Samboornam. 'B' schedule property was allotted to Ranganathan. 'C' schedule property was allotted to Sreenivasan (plaintiff). 'D' schedule property was allotted to Elumalai and 'E' schedule property was allotted to Krishnamurthy. Pursuant to the above partition deed, respective parties are in enjoyment and possession of their respective properties. The suit property is one of the property allotted to the share of the plaintiff parents namely Raja manickam and Samboornam, which fall under 'A' schedule. After the death of the parents, the plaintiff and his 2 brothers divided among themselves the properties acquired by the parents under the partition deed dated 31.12.1975. The partition between the plaintiff and his two brothers was effected by means of a registered partition deed dated 19/10/1983. Under this partition deed, the suit property was allotted to the plaintiff. Since then, he is in enjoyment and possession of the suit property. The tile stands in his name. Kist for the suit property is paid by him. While so, the defendant claiming to have purchased a portion of the suit property from a person without title denying the right of the plaintiff. The defendant and his henchmen made an attempt to trespass upon the suit property on 20/11/1998. So, he preferred a complaint to the police to take action against the defendant and his henchmen. The Police has not taken action. Therefore, anticipating that the defendant with this men and money may repeat the attempt in future, the suit for declaration of title and permanent injunction.

3. Case of the defendant, in brief, is as follows:-

The suit property and the other properties initially owned by Periyasami Gounder. He had three sons. Rajamanicka Gounder, Natesa Gounder and Sadaya Gounder. Division of property took place between these brothers in the year 1958. The said Sadaya Gounder got his share in the properties of his father and got separated from the family. After settling few properties in favour of his daughter Govindammal, Sadaya Gounder was enjoying exclusively the remaining properties. 14 cents of land in S.NO 66/11 and 21 cents of land in S. No 66/14 alone were enjoyed in common between the 3 brothers since, it was a grove. Later, the grove got ameliorated. So, each of the brothers were enjoying 1/3rd in the 35 cents of land through oral arrangement.

4. After the above said partition between the three brothers in the year 1958, Natesa Gounder, through a registered will dated 13/03/1970, bequeathed few items of his properties to his grand son Kumar born through his senior wife. Since Kumar was minor at that time, he appointed Ranganathan (brother of the plaintiff) as guardian of minor Kumar. On the demise of Natesa Gounder, the Will came into force. The properties given under the Will were enjoyed by minor Kumar under the guardianship of Ranganathan. On attaining majority, the guardian handed over the possession of the property to Kumar and got released. The release deed was also duly registered through exchange deed dated 24.03.1986, the plaintiff has exchanged two properties with Kumar and one Sethu the brother’s son of the plaintiff on 23/04/1986 purchased a vacant house site from Kumar which Kumar got under the Will Natesa Gounder. Later, the suit