NACHAR AND ORS. Vs. PALANISAMY AND ORS.

JUDGEMENT

(1.) PLAINTIFFS 2 to 7 who succeeded in the trial Court but failed in the lower appellate Court are the appellants. The deceased first plaintiff and appellants 1 to 4 filed the suit for a declaration of their title to the suit properties and for a permanent injunction restraining the defendants from interfering with their possession and enjoyment of the properties or in the alternative, for recovery of possession of the properties with damages of Rs. 100.

(2.) THE first plaintiff who died pending the suit was the wife of Nattanmai Chella Goundar and plaintiffs 2 to 4, 6 and 7 are the daughters and the fifth plaintiff (fourth appellant) is the widow of their deceased son Doraisamy. Plaintiffs 6 and 7 (appellants 5 and 6) have been added as the legal representatives of the first plaintiff. The defendants are the pangalis of Chella Gounder.

(3.) THERE was no dispute regarding item 1 of the suit properties and it was conceded that it had fallen to the share of Chella Gounder in the partition effected about twenty years prior to the date of the suit. The defence with regard to item 2 was that it was not the exclusive property of Chella Gounder -and that the grant was in his name for the benefit of the entire family as he was the Nattanmaikar. The defendants further contended that item 2 also was divided in the aforesaid partition, as indicated in the sketch appended to the written statement, according to which the south western corner portion fell to Chella Gounder's share and the remaining portions fell to the shares of defendants 1, 4, 6 and 7. It was contended that defendants 1, 4, 6 and 7 have also perfected their title to that portion by prescription.