JUDGMENT

(Prayer: Appeal Suit filed under Section 96 r/w 41 of the Code of Civil Procedure, 1908 against the Judgment and Decree, passed by the Principal District Court, Dindigul in O.S.No.20 of 2019, dated 01.09.2021.)

1. The Appeal Suit is directed against the judgment and decree passed in O.S.No.20 of 2019, dated 01.09.2021, on the file of the Principal District Court, Dindigul.

2. The suit is for declaration and for permanent injunction.

3. Originally, the first plaintiff has laid a suit against his father V.K.Parasuram and his brother Selvaraj in O.S.No.608 of 2008, on the file of the District Munsif Court, Dindigul and subsequently the suit was transferred to the Principal District Court and was taken on file in O.S.No.20 of 2019.

4. Pending suit, the first defendant had died and his third son Soundararaja and his daughters Vijaya and Rathina were impleaded as defendants 3 to 5. The daughter and the son of the first plaintiff got themselves impleaded as plaintiffs 2 and 3. Admittedly, the suit properties were owned by the first defendant – father of the first plaintiff and the defendants 2 to 5.

5. The case of the first plaintiff is that the first defendant out of his love and affe