BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Judgment Reserved on : 09.04.2025 Judgment Delivered on : 18.08.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.Nos.1881 and 1882 of 2001 ---

1. Malaiakkal

2. Manickam .. Appellants in S.A.Nos.1881 & 1882 of 2001 Vs.

1. Kandaswamy 2. Veeragounder

3. Bomma Gounder

4. Nalluswamy Gounder

5. Seerangammal

6. Vaiyapuri

7. Mookkai Ammal

8. Vairappan 9. Murugesan

10. Rajammal @ Palaniammal (No notice necessary for Rajammal @ Palaniammal, since she remained ex-parte in lower Court)

.. Respondents in S.A.No.1881 of 2001

1. Nallusamy

2. Veeragounder

3. Kandaswami

4. Pomman Gounder

5. Palaniappan

6. Manickam 7. Veerappan

8. Murugesan 9. Rajammal .. Respondents in S.A.No.1882 of 2001 Second Appeal No.1881 of 2001 filed under Section 100 of the Code of Civil Procedure against the judgment and decree passed in A.S.No.156 of 1995, dated 27.11.2000 on the file of the Subordinate Court, Kulithalai, reversing the judgment and decree passed in O.S.No.257 of 1988, dated 30.03.1992 on the file of the Principal District Munsif Court, Kulithalai.

Second Appeal No.1882 of 2001 filed under Section 100 of the Code of Civil Procedure against the judgment and decree passed in A.S.No.157 of 1995, dated 27.11.2000 on the file of the Subordinate Court, Kulithalai, reversing the judgment and decree passed in O.S.No.495 of 1988, dated 30.03.1992 on the file of the Principal District Munsif Court, Kulithalai.

For appellants in both the appeals : Mr.G.Vasudevan For respondents in both the appeals: Mr.K.Govindarajan for M/s.Sarvabhauman Associates for RR-1 to 3 No appearance for RR.4 to 9 in S.A.No.1882/2001 No appearance for RR.4 to 10 in S.A.No.1881/2001 COMMON JUDGMENT Since both the Second Appeals arise out of a common judgment in the First Appeals, this Court heard both the Second Appeals together and is passing the present common judgment.

2. Second Appeal No.1881 of 2001 is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 27.11.2000, passed in A.S.No.156 of 1995 on the file of the Subordinate Court, Kulithalai, reversing the judgment and decree dated 10.03.1992, passed in O.S.No.257 of 1988 on the file of the Principal District Munsif Court, Kulithalai.

3. Second Appeal No.1882 of 2001 is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 27.11.2000, passed in A.S.No.157 of 1995 on the file of the Subordinate Court, Kulithalai, reversing the judgment and decree dated 10.03.1992, passed in O.S.No.495 of 1988 on the file of the Principal District Munsif Court, Kulithalai.

4. The suit in O.S.No.257 of 1988 was filed by the plaintiffs, stating as follows:

The sketch of the suit properties in the ABCD portion represents the residential property of both the plaintiffs and the defendants. The house of the plaintiffs is situated below the said property. It was recently sub-divided as S.No. 391/10-B. The house of the defendants is situated above the said property. The portion ABEF, running north–south on the northern side of the properties, and the portion IHJK, running south–north on the western side, together form the common cart-track providing access to the suit properties. GK represents the top end part of the properties, which belonged to the ancestors. The father of the plaintiffs is Kulanthaivel and the father of defendants 1 to 4 is Vaiyapuri. The parties originally lived as a joint family and enjoyed the properties, and about fifty years ago, the properties were divided equally. The properties originally belonging to Chinnu Gounder and Pomma Gounder were subsequently obtained by Vaiyapuri and Kulanthaivel through purchase. To the north of the ancestral properties lies the village common land, and to the east is Mudakanaangulam, adjacent to the Panchayat road and drinking well. After the demise of Chinnu Gounder and Pomma Gounder, during partition, the properties were divided, and for the convenience of the sharers and agricultural activities