ANJAMMAL AND ORS Vs. RANJITHAM AND ORS

JUDGEMENT

(1.) The appellants / defendants filed this Civil Miscellaneous Appeal as against the order of remand passed in A.S.No.149 of 2003, dated 19.09.2006, by the first appellate Court viz., the Principal Subordinate Court, Kumbakonam in which set aside the decree and judgment passed in O.S.No.230 of 1999, on the file of the Principal District Munsif Court, Kumbakonam and remand back to the same Court.

(2.) For the sake of convenience, the parties arrayed in the Suit are referred in this appeal.

(3.) The respondents / plaintiffs have filed a suit for permanent injunction and briefly the case of the plaintiffs as stated in the plaint is that the suit property originally owned by Sri Kasi Mutt, Thiruppanandal. The father of the plaintiffs 2 and 3 and husband of the first plaintiff viz., Kaliyaperumal Pdayachi was in possession and enjoyment of the suit property for about 40 years and he was recently died. After his death, the plaintiffs, as his legal heirs, are in possession and enjoyment of the property. As per the rough sketch filed by the plaintiffs, the red marked portion is the suit property and the green marked portion is the property owned by the 2nd defendant, now in the occupation of 3rd defendant, who is the brother of 2nd defendant. The 2nd defendant is the wife of first defendant. First and third plaintiffs residing in the tiled house and the 2nd plaintiff is residing in thatched house. There is a cattle shed, manure pit and 4 bamboo clusters. On the eastern edge of the suit property, the plaintiffs' predecessor Kaliyaperumal Pdayachi had planted number of Poovarasu and other trees, which divided the suit property from the defendants' property. The house tax assessment stands in the name of plaintiffs 2 and 3. The suit property was declared as Natham under the Natham survey measurement and the plaintiffs are making arrangements to get patta for the suit property from the Tahsildar, Thiruvidaimarudur. The defendants are eastern neighbors of the suit property. The defendants property and the suit property are situated in two different survey numbers and the defendants are in no way concerned with the suit property. The defendants property was owned by one Kaliyaperumal Velar, measuring about 15 cents and he had been granted with Kudiiruppu patta and his legal heirs had executed a sale deed in favour of the 2nd defendant. Now defendants 1 and 2 are residing in another street and the 3rd defendant alone is residing on the east of the suit property. The plaintiffs are not aware about the previous litigation between Kaliaperumal and the defendants. Recently the defendants demanded the plaintiffs to give them a portion of the property for construction, for which, the plaintiffs refused . Hence the defendants attempted to trespass the suit property on 05.06.1999. Hence this Suit.