The suit property was originally owned by joint family consisting of late Subbaraya Mudaliyar and his sons, viz., Somasundara Mudaliar, Balasundara Mudaliar, Thanikachala Mudaliar, Ramu Mudaliar and Krishnamoorthy Mudaliar. The said Subbaraya Mudaliar and his sons have partitioned the 'A' schedule property by metes and bounds as per the duly registered partition deed dated 08.01.1946. After the partition all sharers, except the first defendant sold their respective shares to Balasundara Mundaliar orally in the year 1955 itself. The said Balasundara Mundaliar has become absolute owner of the entire ‘A’ schedule property. However, Subbaraya Mudaliar and his other sons continued to reside in the house under leave and license of Balasundara Mundaliar. So far as vacant site in 'A' schedule property is concerned, it was equally divided among the sharers in which each of them got an extent of 24 feet north to south and 39 feet east to west. The first defendant was allotted a share to the north of the last sharer Somasundara Mudaliar. Balasundara Mundaliar sold the entire property in 'A' schedule, except the share of the first defendant, under a sale deed dated 29.11.1983 for valuable consideration. When the plaintiff wanted to occupy the property purchased by him under the above sale deed, the first defendant filed a suit in O.S.No.1710 of 1983 for partition and for other reliefs. The possession of the suit property by the first defendant is permissive in nature, The defendants are not entitled to any right in ‘B’ schedule property. They have not vacated the property inspite of repeated demands. The property purchased by the plaintiff is shown in 'B' schedule, which is part and parcel of ‘A’ schedule property. Hence, the suit for declaring the title of the 'B’ schedule property and to hand over vacant possession after removing the super structure, if any, put up by them.
