JUDGEMENT

This second appeal has been preferred, challenging the judgement of the learned Subordinate Judge Court, Dharapuram, dated 09.04.2010 made in A.S.No.13 of 2009, confirming the judgement and decree passed in O.S.NO.70/1999 dated 29.12.2008 on the file of the District Munsif Court, Dharapuram.

2. The appellant is the plaintiff who has filed the suit for declaration in respect of the 1/3rd right in the well in S.No.672/2 and the consequential permanent injunction restraining the defendant from interfering with his enjoyment of his 1/3rd right in the Well. The defendants 4 and 5 remained ex parte.

3.The short facts pleaded by the plaintiff in his plaint:

The defendants 1, 4, and 5 are brothers and sisters. The 2nd defendant is the 1st defendant's brother’s wife. The 3rd defendant is 1st defendant's brother's son and the brother of the 1st defendant, namely Somasundaram is no more and defendants 2 and 3 are the legal heirs of the deceased Somasundaram. The suit property belongs to the plaintiff by virtue of a Sale deed dated 29.11.1975. The suit properties are the defendants’ family properties. The plaintiff has purchased the suit property from the 1st defendant and his deceased b