S.A.(MD)No.507 of 2015

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved On :11.03.2022

Delivered On : 19.04.2022

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI

S.A.(MD)No.507 of 2015

and M.P.(MD)No.1 of 2015

and CMP(MD)No.1942 of 2016

1.Veerasamy (Died)

(Memo presented in Court on 09.07.2018 and memo

recorded as 1^st appellant died vide Court order,

dated 09.07.2018 in SA(MD)No.507 of 2015.

2.Pappathi @ Periya Pappa

3.Chinna Pappa

4.Veeraiah

5.Rajathi

... Appellants / Respondents /

defendants

Vs.

1.Veeran @ Appayee

2.Veera Manikandan

... Respondents / Respondents /

Plaintiffs

Prayer : This Second Appeal filed under Section 100 of Civil

Procedure Code, against the judgment and decree, in A.S.No.13 of

2014 on the file of the Sub Court, Theni, dated 31.03.2015,

reversing the judgment and decree in O.S.No.46 of 2012 on the file

of the District Munsif Court, Theni, dated 04.12.2013.

For Appellants

: Mr.S.Natrajan

For Respondents

: Mr.D.Sivaraman

JUDGMENT

This second appeal has been filed against the judgment and

decree, in A.S.No.13 of 2014 on the file of the Sub Court, Theni,

dated 31.03.2015, reversing the judgment and decree in O.S.No.46 of

2012 on the file of the District Munsif Court, Theni, dated

04.12.2013. The appellants herein are the defendants, the

respondents herein are the plaintiffs in the original suit.

2.Brief substance of the plaint, in O.S.No.46 of 2012, is as

follows:

2.1. The suit properties are the ancestral properties of the

first plaintiff. The suit first schedule property belonged to the

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S.A.(MD)No.507 of 2015

paternal grand father of the first plaintiff, by name, Veeranan and

the said Veeranan had two sons,viz., (i) Periyaveran and (ii)

Chinnaveran. After the demise of Veeranan, his sons Periyaveeran

and Chinnaveeran divided the property among themselves, by way of an

oral partition. Subsequently, Chinnaveeran, released his rights

over the first schedule property and handed over the property to

Periyaveeran. After the death of plaintiffs' father, the plaintiffs

were in enjoyment of the properties. The second schedule property

is adjourning the first schedule property.

2.2. The second schedule property belonged to Chinnaveeran.

The first plaintiff purchased the second schedule property on

29.11.1974 by way of a registered sale deed. Both the first

schedule and the second schedule properties are in the possession of

the plaintiff. Two houses therein are having the same EB

connection. The first plaintiff executed a settlement deed in

favour of his son, the second plaintiff and the second schedule

property is in the enjoyment of the second plaintiff. The fifth

defendant with the help of the defendants 1 to 4, fabricated a sale

deed, dated 20.01.2010. The fifth defendant and the others

trespassed into the property and they chased away the plaintiffs.

The fifth defendant filed a suit in O.S.No.44 of 2010 against the

first plaintiff's wife and her children. Subsequently, the case was

dismissed for default. Hence, the suit is filed for permanent

injunction.

3. Brief substance of the written statement filed by the

first defendant and adopted by the defendants 2 to 4, in O.S.No.46

of 2012, is as follows:-

The original name of Chinnaveran is Veeraiah. The first

schedule property is the ancestral property of the grand father of

the first defendant. After his death, his sons entered into an

oral partition. The first schedule property was allotted to the

share of the father of the defendants 1 to 4. There is a lane on

the western side of the first schedule property and beyond the lane,

the first plaintiff's father was allotted a share and both the

brother constructed houses in their respective share of the

property. The door number of the first schedule property is 4. The