IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.05.2025 CORAM THE HONOURABLE MRS. JUSTICE R.KALAIMATHI and M.P.No.1 of 2011

1.Sankar

2.Sarangapani

3.Shanmugham ...Appellants/Plaintiffs Vs.

1.Karunakaran

2.Prabakaran 3.Manokaran

4.Raniammal ...Respondents/Defendants Prayer: This Second Appeal is filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 30.10.2010 made in A.S.No.40 of 2009 on the file of the Court of the Subordinate Judge, Gingee, confirming the judgment and decree dated 15.07.2009 made in O.S.No.458 of 2000 on the file of the Court of the Principal District Munsif, Gingee.

For Appellants : Mr.Chellamuthu Rangaraju for Mr.T.Dhanasekarn For Respondents : Mr.P.Raja for M/s.V.Murugesan for R1 & R4

JUDGMENT

Aggrieved by the findings given in A.S.No.40 of 2009 dated

30.10.2010 on the file of the Subordinate Court, Gingee, the plaintiffs herein have preferred this Second Appeal.

2. The parties are indicated herein as per their litigative status and ranking before the trial Court.

3. According to the plaintiffs, the suit property total extent of 5 acres 41 cents in which 3.50 acres in S.No.18/4 and other properties originally belonged to one Veerappa Udayar. He had two wives namely Viruthambal and Meenatchi. Ranganathan, Balaraman, Elumalai, Subramani and Andal were born through his first wife. Whereas, Pachiyappan, Mani and Manickam were born through second wife/

Meenatchi.

3.1. The said Pachaiyappan died 10 years back. The defendants

1 to 3 are the sons of Pachaiyappan and fourth defendant is wife of Pachaiyappan. The said Veerappa Udayar died intestate. The sons enjoyed the properties by way of oral partition. The above said Subramani executed a sale deed in favour of the plaintiff's brother Rajendran on 17.07.1995 in respect of 0.28 cents out of 1.14 acres for consideration of Rs.25,000/-. The said suit property and some other properties were allotted to the plaintiffs by way of partition deed dated 20.11.1995 that took place between the plaintiffs and his father Rajendran. The joint patta No.177 in respect of the suit property was granted in the name of one Ellappa Udayar and Veerappa Udayar's seven sons. The plaintiffs were only paying the kist for the suit property. On the north western side of the suit property in S.No.23/1, the plaintiffs have one well with motor pumpset. On the south of the suit property one Vitalnath' land and the plaintiffs' land are situated. The plaintiffs laid a pipe line in the year 1996 in the suit property for drawing water through motor pumpset. The suit properties belong to the plaintiffs only. The defendants have no right or title over the same. As the defendants were trying to disturb the peaceful possession and enjoyment of the plaintiffs, the suit was laid.

4. Contending contra, it has been stated by the defendants that the suit property does not belong to the plaintiffs. The suit properties were never enjoyed by one Subramani. The suit properties were allotted to the sons of Veerappa Udayar and his second wife Meenatchi. They were enjoying the same. One of the sons viz., Mani executed a sale deed in favour of Pachaiyappa Udayar in respect of his share on 31.12.1985. Manickam also sold his share to Pachaiyappa Udayar. The said Pachaiyappa Udayar enjoyed the property in S.No.18/14 to an extent of 3.47 acre. After his demise, the defendants who are sons and wives have been enjoying the suit properties. The plaintiffs have no right or title in the suit property.

5. Based on the divergent pleadings, the trial Court framed the relevant issue. At trial, to substantiate plaint details on the Plaintiff's side, three witnesses were examined and Ex.A1 to Ex.A12 were marked. Ex.A2 dated 17.07.1995 is the sale deed executed by Subramani son of Veerappa Udayar in favour of Rajendran son of Krishnan in respect of the suit property. Ex.A3 dated 20.11.1995 is a partition deed executed among sons of Krishnan Udayar namely 1) Rajendran, 2) Sankar, 3) Sarangapani and 4) Sh