G M KANDASAMY Vs. PALANIAMMAL

JUDGEMENT

(1.) THE above Appeals arise out of the suit filed in O. S. Nos. 1290/1979, 340/1980 and 341/1980.

(2.) O. S. No. 1290/1979 filed by the plaintiffs 1 to 7, namely, Easwaramoorthy, Parvathy, Kamalaveni, Ganapathi Gounder, Kandaswamy, Mylswami and Chellammal @ Selvarathinam, against one Muruga Gounder, Rajarathinam and Jothimani seeking for partition of the suit properties described in item No. 1 and for permanent injunction restraining the 1st defendant-Muruga Gounder from using or otherwise diverting the water in the well in item No. 1 of the property so as to irrigate item No. 2 of the property and for a mandatory injunction directing the 1st defendant to remove the underground pipes laid near the well in item No. 1 of the property within a time to be fixed by the Court, failing compliance by the 1st defendant, the plaintiffs have to be permitted jointly or severally to remove the underground pipes at the cost of the 1st defendant.

(3.) ONE Palani Ammal and plaintiffs 1, 4 to 7 in O. S. No. 1290/1979 had been arrayed as defendants in the said suit in O. S. No. 1695/1979 and the 2nd defendant therein, Eswaramurthy, filed a written statement denying the fact of lease. It is also stated that the plaintiff/Muruga Gounder is not recorded as tenant as he claimed. The 2nd defendant disputed the truth and genuineness of the said record of tenancy.