JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree of the A.S. No.26 of 2006, dated 14th July, 2006 on the file of the Subordinate Judge, Udagamandalam as confirmed by the judgment and decree in O.S. No.109 of 1999 dated 8th February, 2006 on the file of the District Munsif Court, Coonoor.)

1. This Second Appeal has been filed challenging the concurrent findings of the Courts below.

2. The appellants are the defendants in the suit O.S. No.109 of 1999 on the file of the District Munsif Court, Coonor and the respondents are the plaintiffs.

3. The suit was filed for permanent injunction to restrain the defendants from interfering with the plaintiffs peaceful possession and enjoyment of the suit schedule property measuring 3 ½ cents in R.S. No.694/1 of Ketty Village, Coonoor Taluk, The Nilgris District.

4. In the forthcoming paragraphs, the respective parties are described as per their litigative status in the suit.

5. The case of the plaintiffs is that they are the absolute owners of the suit schedule property. According to them, the Late first plaintiff’s father Sevanan alias Meena Sevanan became entitled to the land measuring 5 cents in RS No.694/1 of Ketty Village, Coonoor Taluk, Nilgris District and an exclusive enjoyment patta was also granted for the said property in favour of Meena Sevanan after re-survey and settlements of lands which was carried out during early 1980’s. After the death of the said Sevanan alias Meena Sevanan, his son Late S. Mathan, the first plaintiff in the suit inherited the same. According to the plaintiffs, S.Mathan sold an extent of 1½ cents out of 5 cents to R.Sokkan by way of registered sale deed dated 28.10.1999 which has been marked as Ex.A5. According to the plaintiffs, R.Sokkan has also put up a building on the land purchased by him from the Late first plaintiff. According to the plaintiffs after the sale of 1 ½ cents, the plaintiffs are now the owners of the remaining 3 ½ cents of land in RS No.694/1, which is the suit schedule property and according to them they are in exclusive possession and enjoyment of the same. According to the plaintiffs, the defendants started interfering with their peaceful and enjoyment of the suit schedule property during the first week of November 1989, which necessitated them to file the subject suit O.S. No.109 of 1999 before the District Munsif Court, Coonoor.

6. However, it is the case of the appellants/defendants as seen from their written statement that the plaintiffs are not the exclusive owners of the suit schedule property as according to them, the plaintiffs and the defendants are the co-owners. According to them the plaintiffs and defendants are joint owners of 0.84 acres in Survey No.788 of Ketti Village, which were earlier acquired by their common ancestor namely Bellan and the said Bellan died intestate leaving behind him his only son Kakkamallan, who also died intestate leaving behind his sons viz., Mookakadan, Suri Nandhi, Kongan and Bellie and the first appellant/first defendant is the grand son of Mookakadan and the first respondent/first plaintiff is the grand son of Kongan and the second defendant comes under the branch of Mathan.

7. It is further contended by the defendants that out of total extent of 0.84 acres in Survey No.788 of Ketti village, both the sons of Bellan namely Nandhi and Mathan were entitled to 42 cents each and after the death of Nandhi, his only son Kakkamallan inherited 42 cents and he died, leaving behind his sons namely Mookakadan, Suri Nandhi, Kongan and Bellie, each entitled to 10 ½ cents out of the said 42 cents in the said survey number.

8. It was further contended by the defendants that Mookakadan was in possession and enjoyment of his share of 10½ cents in S. No.788 of Ketti Village till his death and he died leaving behind his only son Hutchan to succeed his property and after the death of Hutchan, his two sons namely Raju and Sundaram, the first appellant/firs