J U D G M E N T

The present Second Appeal has been filed against the judgment and decree dated 17.09.2012 passed in A.S.No.80 of 2008 before the III Additional District Court, Kallakurichi, reversing the judgment and decree dated 13.10.2005 passed in O.S.No.468 of 2001 on the file of the Principal District Munsif Court, Kallakurichi.

2. The plaintiff is the appellant herein. The plaintiff filed a suit for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment. The plaintiff and the defendants are legal heirs of one Ramu Konar. The plaintiff is the eldest son and the first defendant is a younger brother and the second defendant is the youngest brother. The first defendant namely, Kaliyamurthy died and his legal heirs are impleaded as Defendant Nos. 3 to 5. According to the plaintiff, there was an oral partition in respect of the suit property in the year 1978. On the basis of the oral partition, he obtained a patta and secured a loan from Sankarapuram Cooperative Society. The first defendant also secured a loan in respect of his property on the very same date. Thereafter, he enjoyed the property as he owned and put up a thatched hou