JUDGEMENT

S.A.No.496 of 2001 has been filed against the judgment and decree dated 15.12.2000 passed in A.S.No.46 of 1999 on the file of the Sub Court, Kulithalai reversing the judgment and decree dated 26.3.1999 passed in O.S.No.467 of 1994 on the file of the District Munsif Court, Kulithalai.

2. The said suit in O.S.No.467 of 1994 was filed by one Mr.Arumugam as against one Mr.Thangaraj - sole defendant seeking permanent injunction restraining him from interfering with his peaceful possession and enjoyment of the suit property. During the pendency of the said suit, the sole defendant died and his legal heirs were impleaded as defendants 2 to 9 in the said suit.

3. The case of the plaintiff is as follows:

(i) The plaintiff and the sole defendant were brothers. The plaintiff had purchased the suit property from one of his brothers - one Mr.Jayabalan through a registered sale deed dated 28.8.1982 for a sale consideration of Rs.150/-. The ancestral properties had already been divided through an oral partition. The sole defendant had started giving trouble to the plaintiff