Vairavanathan v. Natesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE SA(MD) No.169 of 2017 and C.M.P.(MD).No.2977 of 2017 Vairavanathan ... Appellant Vs.

1.Natesan 2.Thirumani Pandian 3.Dr.Parasakthi 4.Raveendran 5.Balagangadara Thilagar 6.Balambigai 7.Rengadevi 8.Sasikala 9.Meeranbai 10.Sahul Hameed 11.Jabakani Rajapandian 12.Kasi Nadar 13.V.P.Rajan 14.Thurai Nadar 15.Pushpam 16.Pandia Nadar 17.Deivakan Nadar 18.Ponraj Nadar 19.Ponnaiah Nadar 20.Rathinasamy Nadar, S/o Thiravia Nadar 21.Thangammai 22.Kovilpillai Nadar 23.Rathinasamy Nadar, S/o Vel Nadar 24.Kandasamy Nadar 25.Mookaiah alias Ramasamy Nadar 26.M.T.R.Rathinasamy Nadar 27.Ahamed Mohideen 28.Karuppasamy Pandian 29.Kothanda Raman 30.Vellaipala Nadar 31.Duraipandi Nadar 32.Rajakani Ammal 33.Narayana Nadar 34.K.Ponnusamy Nadar 35.Avudai Thangammal 36.G.Radhakrishanan 37.Periapiratti 38.Annathai Ammal

39.Tuticorin Diocesan Secretary 40.Koil Nadar 41.Durairaj Nadar 42.Durai Abraham 43.Ayyaraja Nadar 44.Palvin Nadar 45.Thanga Jeyaraja 46.Rajamani 47.Manuel Cruz 48.R.C.Krishnamoorthy 49.Pon Jebaraj 50.Kanagaraj 51.Periasamy 52.Ebanezer Ammal 53.Jeya Gopal 54.Pon Jeyaraj 55.L.Periasamy 56.Gomathy 57.Guruvamman alias Selvi 58.Gunasekar 59.Buckle Ananthakumar 60.Bagavathi Murugan 61.Chinnathambi 62.Paul 63.Ramesh Appathurai 64.Thiruvasagam 65.Kannan 66.Dhanalakshmi 67.Kasi Venkatasubbu 68.Ramakrishnan 69.Ramadoss 70.Sundaresan 71.Kabilkumar 72.Jeeva 73.Gurusamy 74.Perumal Nadar.

...Respondents

Prayer: Second Appeal filed under Section 100 of the Code of the Civil Procedure against the Judgment and Decree dated 29.01.2016 in A.S.No. 5 of 2011 on the file of the II Additional District Court, Thoothukudi confirming the Judgement and Decree in O.S.No.71 of 1993 dated 19.01.2004 on the file of the Sub Court, Thoothukudi.

For Appellant : Mr.T.Selvan

JUDGMENT

The plaintiffs have filed the suit for partition alleging that they as well as the defendants have purchased the property successively from a common predecessors-in title.

2.It is the allegation that the undivided plots were sold under the sale deed in their favour, which were purchased by the defendants. Both the Courts below have taken a view that it is not undivided plots that the defendants and the plaintiffs have purchased and consequently they are not entitled to the relief of partition.

3.This Second Appeal is taken up for final disposal at admission stage itself.

4. This Court heard the submission made by learned counsel for the appellant and perused the materials placed on record. 5.The learned Counsel for the appellant produced the copies of the sale seeds executed in his favour, which were marked as Exs. A-1 to A-3 in the suit and also sale deed of the defendants that were marked as Exs B-2 to B-9. The property consisted in this sale deed shows that specific plots of land with clear boundaries were sold to the respective parties.

6.The learned counsel for the appellant would now submit that after they have purchased, the boundaries separating the properties were destroyed by the defendants and consequently he finds difficulty in fixing his boundaries.

7.Inasmuch as separate plots of land have been sold with clear boundary description, a suit for partition cannot be filed. However, when the boundaries between the properties purchased by the parties is not available on lie, then the remedy available to the plaintiff is to file a suit for demarcation of the property. 8.As such I find, there is no substantial question of law is involved to admit the appeal and the plaintiffs are at liberty to file a suit for demarcation of their property from the adjacent property, if they are so advised.

9.With the above observation, this Second Appeal is dismissed. Consequently, connected C.M.P.(MD) No.2977 of 2017 is closed. No costs.

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To

1. The II Additional District Judge, Thoothukudi

2. The Subordinate Judge, Thoothukudi.

Copy To: The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.T.SELVAN, Advocate, SR No. 59465. MSA/DSS PSM/SKN-RSK/SAR1/28.06.2017/4P/5C SA(MD) No.169 of 2017 and C.M.P.(MD).No.2977 of 2017 07.06.2017