A suit for injunction is not maintainable when the title to property is disputed; a clear title must be established for injunctive relief.

JUDGMENT :

P.VADAMALAI, J.

This Second Appeal is preferred against the judgment and decree, dated 27.06.2014 passed in A.S.No.38 of 2011 on the file of the First Additional Sub Court, Tiruchirappalli at Thuraiyur, reversing the judgment and decree, dated 30.10.2010 passed in O.S.No.52 of 2008 on the file of the District Munsif Court, Thuraiyur.

2. The appellants are the plaintiffs in O.S.No.52 of 2008 on the file of the District Munsif Court, Thuraiyur. The respondents are the defendants in that suit. The appellants/plaintiffs have filed the suit for bare injunction.(The 6th appellant/plaintiff has been transposed as 5th respondent in this second appeal).

3. For the sake of convenience, the parties are referred as plaintiffs and defendants as arrayed in O.S.No.52 of 2008 on the file of the District Munsif Court, Thuraiyur.

4. Case of the plaintiffs:-

One Nallathambi and Silamban are brothers. They partitioned their properties and they had been enjoying their respective properties with their families. The said Nallathambi’s wife is Chinnapillai and they have three sons Ganesan, Chellamuthu and Nallathambi. The 1^st son Ganesan’s sons areMurugesan and Velmurugan. The said Chinnapillai, 1st son Ganesan and his sons Murugesan & Velmurugan are plaintiffs 1 to 4.

4.1. The second son is Chellamuthu. His wife is Perumayee. They had no nd issues. 2 son Chellamuthu executed his last Will, dated 16.09.2001 in the presence of Notary bequeathing his properties to his wife Perumayee till her lifetime enjoyment and after death of Perumayee, his properties would go tohis elder brother’s sons Murugesan and Velmurugan (3rd and 4th plaintiffs herein). Chellamuthu died on 13.11.2005 and his wife Perumayee died on 14.12.2007. Thereafter, his Will came to effect and the plaintiffs derived the properties of Chellamuthu as per Will, dated 16.09.2001.

4.2. The third son is Nallathambi and his wife is Padmavathy, 5th plaintiff herein. During the life time of Padmavathy, the 3rd son Nallathambi had illegal contact with one Geetha, through her he had two daughters Palaniammal and Priya, who are 6th and 7th plaintiffs herein. Nallathambi died on 14.07.2007 and the said Geetha died on 16.07.2007.

4.3. The A.Schedule properties are absolute properties of 1 plaintiff Chinnapillai. She purchased the same from its predecessor in title one Ammavasi @ Thiruvengadam and C.Thangaraju by paying sale consideration out of her means. From the date of purchase she has been in exclusive possession and enjoyment of the A.Schedule properties. But, patta is nottransferred to the name of 1st plaintiff and the patta stands in the name of her predecessor as joint patta.

4.4. The B.Schedule properties are ancestral and self acquired propertiesof 1st plaintiff’s husband Nallathambi. He enjoyed the properties along with his sons as joint family properties. He died on 01.02.2000. After his death,the 1st plaintiff and their three sons Ganesan, Chellamuthu and Nallathambi entitled ¼ share each in B.Schedule properties. As per Will, dated 16.09.2001 nd executed by 2 son Chellamuthu, his share went to plaintiffs 3 and 4. After death of 3^rd son Nallathambi his share is derived by his mother 1^stplaintiff, his wife 5th plaintiff Padmavathy and his daughters, the plaintiffs 6 and 7. So, the plaintiffs have been jointly enjoying the suit properties without partition.

4.5. While being so, it is alleged that the 2 son Chellamuthu’s wife Perumayee executed a settlement deed, dated 12.12.2007 in favour of her nd father 2 defendant/Thiruvengadam bequeathing her 1/3 share in the