IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.10.2024 CORAM THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI S.A.No.855 of 2016 Kesavalu Naidu (Died) 1.Lakshmikanthammal

2.Gunasekaran

3.Sumathi 4.Amutha Gajendiran (Died)

5.Krishnamoorthy ... Appellants/Appellants/defendant (Appellants 1 to 5 impleaded as Lrs. of Keslavalu Naidu as per order in I.A.No.4 of 2008 and amended as per order in I.A.No.8/2009 dated

13.07.2009)

Vs Kuppusamy Naidu (Died)

1.Narasimhalu Neelammal (Died)

Sarojini (Died) ... Respondents/ Respondents/ Plaintiffs (The 1 st respondent died pending appeal and the 2^nd respondent has been recognized as the only legal heir for 1^st respondent as per memo dated 02.08.2010 and amended as per order in I.A.No.12 of 2010 dated

10.11.2010.)

PRAYER: Second Appeal filed Under Section 100 of the Civil Procedure Code, against the Judgment and decree in A.S.No.30 of 2005 dated 31.10.2013, on the file of the IV Additional District Judge, Ponneri confirming the Judgment and decree in O.S.No.398 of 1996 dated

27.10.2004, passed by the District Munsiff Court, Ponneri.

For Appellants : Mr. S.Parthasarathy, Senior Counsel for Mr.R.Thiyagarajan For Respondents : Mr.S.R.Raghunathan, senior counsel for Mr.M.Baskar

JUDGMENT

The appellants have filed this Second Appeals against the Judgment and decree in A.S.No.30 of 2005 dated 31.10.2013, on the file of the IV Additional District Judge, Ponneri, confirming the Judgment and decree in O.S.No.398 of 1996 dated 27.10.2004 passed by the District Munsiff Court, Ponneri.

2. For the purpose of convenience, the parties herein are referred to as they are ranked in the suit.

3. The original appellant, Kesavalu Naidu, is the defendant in suit O.S.No.398 of 1996 filed by the respondents, Kuppusamy Naidu and others, seeking declaration of rights in respect of the suit property and recovery of possession from the defendant, along with mesne profits. The first defendant contested the suit. The first plaintiff’s claim is that the suit property was originally purchased by Subba Reddy on 04.08.1984. After his demise, his wife, Seethammal, possessed and enjoyed the property. Subsequently, she conveyed the property to one Subba Naidu, who was the maternal grandfather of the first, third, and fourth plaintiffs, under a registered sale deed dated 30.07.1926. After this, Subba Naidu enjoyed the property along with other properties. Upon his death, he left behind his only daughter, Rajammal, the mother of the plaintiffs. Both Rajammal and Chengammal pre-deceased him. As a result, the first plaintiff took care of the entire property along with his maternal grandfather, who died 11 years before the suit, leaving the first, third, and fourth plaintiffs, his grandsons, as his legal heirs. Upon the death of Nathalla Subba Naidu, the first, third, and fourth plaintiffs became the exclusive owners of the first item of the suit property.

4. The plaintiffs' paternal grandfather, Pullama Naidu, had purchased

10.75 cents of land, which is shown as EFMRE in the rough plan. The first plaintiff and his father were members of a joint family. On 29.06.1966, the 10.75 cents of land marked as EFMRE in the rough map, was orally partitioned. In this partition, 5 cents of land were allotted to Pullama Naidu. Specifically, the Eastern 2.7 cents were allotted to the Sengammal Naidu branch (the defendants' branch), and the remaining portions were allotted to other branches. To support their claim, the plaintiffs relied on a sketch that detailed the partition. In this document, the defendant’s father admitted that item No.1 which belonged to the plaintiffs.

5. Likewise, the entire 10.75 cents of land marked as EFMRE in the map, which included the 5 cents belonging to Pullama Naidu, was partitioned on 29.06.1966. Five sketches detailing the allotment, including measurements, were prepared on the same day by the village headman of Kodur village. The sketches were signed by the managing members of the five branches: Nagappa Naidu, Madhava Naidu, the first