- (1.) The plaintiffs in O.S.No.876 of 2009 on the file of the learned District Munsif, Katpadi, Vellore District, are the appellants herein. The respondents are the defendants in the suit. The plaintiffs filed the said suit for declaration of title and for permanent injunction to restrain the defendants from in any manner interfering with the plaintiffs' alleged peaceful possession and enjoyment of the suit properties. The trial court by decree and judgment dated 28.02.2012, dismissed the suit. As against the same, the plaintiffs filed an appeal in A.S.No.118/2012 on the file of the learned Subordinate Judge, Vellore. By decree and judgment dated 22.01.2014, the First Appellate Court dismissed the appeal thereby confirming the decree and judgment of the trial Court. Challenging the same, the appellants are before this Court with this second appeal.
(2.) This second appeal has come up today for admission. I have heard the learned counsel for the appellants and I have also perused the records carefully.
(3.) The case of the plaintiffs is as follows:- The plaintiffs are mother and son respectively. The husband of the first plaintiff and the father of the second plaintiff was one Mr.Goundappa Gounder. The father of the defendants was one Mr.Munusamy Gounder. Mr.Goundappa Gounder and Mr.Munusamy Gounder were brothers. The suit properties and few more properties were the ancestral properties of Mr.Goundappa Gounder and Mr.Munusamy Gounder. It is the further case that during their life time, i.e., 40 years prior to the suit, there was an oral partition between Mr.Goundappa Gounder and Mr.Munusamy Gounder in which, the suit properties were allotted to the share of Mr.Goundappa Gounder. After the demise of Mr.Goundappa Gounder, the plaintiffs have inherited the same and they have been enjoying the suit properties as absolute owners. Hence, according to the plaintiffs, the defendants have got no right whatsoever over the suit properties.;