3.1. The suit is filed for declaration and injunction. The case of the plaintiffs in brief is that the suit property along with other property originally belonged to one Chinnasamy Gounder. On 09.08.1932, he mortgaged suit property and other properties with one Aali Gounder for the borrowal of Rs.250. Again, the same property was mortgaged with one Muthusamy Gounder on 31.01.1935 and settled the loan borrowed from the said Aali Gounder. The first plaintiff and one Vedi Gounder are the sons of the Chinnasamy Gounder. The said Chinnasamy Gounder died 35 years ago and the first plaintiff and one Vedi Gounder alone were in possession and enjoyment of those property. Both have partitioned the suit property along with other properties by oral partition. The second plaintiff is the son of the first plaintiff and as such both are entitled to derive entire right and title over the property. In the suit Well, the defendant has 3/4th share. According to their right and enjoyment, the joint Patta was issued in the name of the second plaintiff and the defendant. The Old Survey number of the suit property is 469/8 and the Re-survey number is 469/8B. From the said Well, the plaintiffs are drawing water to irrigate their other property comprised in Survey No.470/5 to the extent of 60 cents. In and around the suit Well, the plaintiffs have 1/4th share in which they are also enjoying the same by grassing their cattle. In these circumstances, the defendant disturbed their possession and enjoyment and as such they also caused legal notice to the defendant. Further, the defendant also cancelled the joint Patta issued in favour of the second plaintiff and the defendant and tried to take other property in his favour. Pending the suit, the first plaintiff died and as such, the third plaintiff was impleaded as legal heir of the first plaintiff. Hence, they filed a suit for declaration and injunction.
