JUDGMENT

The first plaintiff in O.S.No.55 of 2012, which was on the file of the Principal District Court, Krishnagiri, is the appellant herein. O.S.No.55 of 2012 has been filed by two plaintiffs viz., the daughter and son of late Marappa Gounder against five defendants seeking a declaration that they are entitled to the suit property and for a consequential injunction restraining the defendants from interfering with peaceful possession and to declare three sale deeds executed by the first and second defendants of the suit properties in favour of the 3rd, 4th and 5th defendants respectively as null and void and seeking permanent injunction restraining the defendants from alienating the suit properties.

2. It was the contention of the plaintiffs that the suit properties along with other properties originally belonged to one Mara Gounder. After his death, his two sons viz., Thimmaraya Gounder and Mara Gounder @ Marappa Gounder divided the properties between themselves through an oral partition. Patta was granted and all revenue records also stood in their respective names. It was claimed that the oral partition had been acted upon.

3. Mara Gounder @ Marappa Gounder died on 02.05.1992 leaving behind his two wives, and a daughter and son. The daughter and son are the plaintiffs. Item No.IV of the suit properties is claimed to be the exclusive property of Mara Gounder @ Marappa Gounder. It was claimed that the plaintiffs had divided the properties by a registered partition deed dated 14.11.2003 with the consent of their mothers. The revenue records also stood in their names.

4. The first defendant is the wife of Krishnan, the son of Thimmaraya Gounder. It was claimed that the first and second defendants further executed sale deeds with respect to the suit properties in favour of 3rd, 4th and 5th defendants on 05.06.2012 and 22.06.2012. Claiming that the sale deeds should be set aside as null and void and seeking declaration of title and consequential injunction, the suit had been filed.

5. A written statement has been filed by the defendants denying that the suit properties belonged to Mara Gounder. They denied that Thimmaraya Gounder and Mara Gounda @ Marappa Gounder had divided the properties by oral partition. They denied that, under the said partition, the suit properties fell into the share of Mara Gounder @

Marappa Gounder. They denied and disputed the partition between the plaintiffs of the suit properties by registered partition deed dated

14.11.2003.

6. It was stated that the partition deed had been created fraudulently.

It was stated that therefore, they have a right to deal with the properties and therefore, the first and second defendants had exercised that right and conveyed the properties to the third, fourth and fifth defendants.

7. It was stated that the second plaintiff, Tamilselvan and his Mother Venkatammal had filed a suit in O.S. No. 193 of 1998 in the District Munsif Court, Krishnagiri against the first plaintiff and her mother Samakkal for partition and other reliefs. In that suit, the defendants had stated that there was no oral partition between Mara Gounder @ Marappa Gounder and his brother Thimaraya Gounder. They had stated that both the brothers were living jointly. It was also stated in the written statement that partition had been effected among the first plaintiff and her Mother and Krishnan S/o Thimmaraya Gounder and the properties had been divided by a registered partition deed dated 22.08.1994. It had been stated that Krishnan was put in separate possession and enjoyment of the properties pursuant to the said partition deed and he was enjoying the property exclusively. His mother died and thereafter, he had been in enjoyment. Thereafter, on the death of T.Krishnan, his legal representatives, the first and second defendants continued to enjoy the properties and conveyed the said property by registered sale deed to the 3rd to 5th defendants. It was therefore stated that the suit has to be dismissed.

8. The lea