Advocates:
['M/S P MANI', '', 'N S RAMAKRISHNAN DHAS', 'M/S M V CHANDRAN']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2010

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA

S.A.No.456 of 2003

&

C.M.P.No.1778 of 2009

1. Tiruvengadampillai

2. Natarajan

3. Amudha

..Appellants / Respondents

Defendant 1 & 1, 2 & 4

LRs of Defendant

Vs.

Jayaramanpillai

..Respondent/Appellant

Plaintiff

Second Appeal against the judgment and decree dated 25.1.2002 in

A.S.No.3 of 1999 on the file of the Sub-Court, Cheyyar, against the

judgment and decree dated 9.7.1993 in O.S.No.110 of 1981 on the file

of the District Munsif Court, Cheyyar.

For Appellants : Mr.G. Masilamani, Sr.Counsel for

Mr. P.Mani

For Respondent : Mr.M.V.Chandran

JUDGMENT

The Second Appeal is filed by the first defendant and the

legal heirs of the deceased second defendant, against the judgment

and decree dated 25.1.2002 in A.S.No.3 of 1999 on the file of the

Sub-Court, Cheyyar, modifying the judgment and decree dated 9.7.1993

in O.S.No.110 of 1981 on the file of the District Munsif Court,

Cheyyar.

2. The averments in the plaint are as follows:

(a) Dry S.No.33/6, measuring 1 acre 11 cents and S.No.35/1,

measuring 2 acre 24 cents, belong to one Thiruvengada Pillai. He had

two sons, by name Munusami Pillai and Karia Pillai. Munusami Pillai

died long back leaving behind his sons, Thiruvengada Pillai alias

https://hcservices.ecourts.gov.in/hcservices/

Mandiri Pillai. Ramasami Pillai and Vellakannu Pillai. The said

Thiruvengada Pillai alias Mandiri Pillai had daughter, by name Kutti

Ammal and she died leaving behind the first defendant as her only

legal heir. Ramasami Pilai died about 45 years ago, leaving behind

the plaintiff Jayarama Pillai. Vellakannu Pillai died in the year

1945, leaving behind his only daughter Valli Ammal and she also died

issueless.

(b) Karia Pillai had half share in the suit properties.

Munusami Pillai had another half share in the suit properties. There

is a Well in S.No.33/6, which is 'A' schedule property. Both Karia

Pillai and Munusami Pillai had half share in the Well. Munusami

Pillai's half share in the 'A' schedule property, was divided between

three brothers, Thiruvengada Pillai alias Mandiri Pillai, Ramasami

Pillai and Vellakannu Pillai. Thus, each of them is entitled to 1/6

share. Since Vellakannu Pillai died intestate without any issues, his

1/6 share in the Well, devolved upon into 1/12 share to Thiruvengada

Pillai alias Mandiri Pillai and another 1/12 share devolved upon the

present plaintiff. So, the plaintiff is entitled to 1/6 share by

birth and 1/12 share by devolution.

(c) Karia Pillai divided his properties into two shares and

gave half share to one Kolavai Pillai, the father of the second

defendant and another half share to Ramasami Pillai, the father of

the plaintiff. Thus, in the Well, Kolavai Pillai had 1/4 share and

Ramasami Pillai had 1/4 share. The second defendant inherited 1/4

share and the plaintiff inherited 1/4 share in the properties. In

total, the plaintiff is entitled to 1/2 share in the landed

properties and in the Well and the second defendant is entitled to

1/4 share in the Well and in the landed properties.

(d) The plaintiff and the father of the first defendant,

Adhimoola Pillai applied for installation of 5 H.P. Pump-set in the

suit Well. Service Connection was issued in the name of the

plaintiff in or about 1958. The plaintiff has contributed half-share,

Adhimoola Pillai has contributed 1/4 share and the second defendant

contributed 1/4 share in the purchase of pump-set. The plaintiff has

been taking water from the pump-set through the existing channel from

the Well in S.No.36/6 and irrigated his lands. He used to raise

paddy, sugarcane and ragi crops. His income was Rs.4,000/- p.a.

(e) The defendants 1 and 2 along with one Andi Pillai and

others, unlawfully removed the pump-set in the middle of the year

1974. The