RAMATHAL Vs. K. RAJAMANI (DEAD)

JUDGEMENT

(1.) The present appeal by the plaintiffs assails the correctness of the judgment and order dtd. 21/11/2008 passed by the Madurai Bench of the Madras High Court, whereby Second Appeal No. 648 of 2002 titled "N.Krishnasamy Mudaliar (D) and Ors. Vs. Ramathal and Ors." was allowed, after setting aside the judgement of the First Appellate Court, the order of the Trial Court was restored, and the suit of the plaintiff (present appellant) was dismissed.

(2.) The dispute relates to 110 cents of land at No. 95, East Ayakudi Village, Palani, Tamil Nadu which originally belonged to the first plaintiff, Natchimuthu. He had executed a gift deed in favour of his first wife, Ramathal in respect of 50 cents of land. The suit was filed jointly by Natchimuthu and his wife Ramathal, described as plaintiff nos. 1 and 2, respectively.

(3.) In the same village Ayakudi, one Krishnasamy and his two sons, Rajamani and Sakthivelu, were also residing and were well known to the plaintiffs. The plaintiffs, being illiterate and having no other source of income, requested Rajamani to develop the land in suit into several plots after obtaining necessary permissions from the Government officials so that the said plots could be sold to generate revenue for the plaintiffs. In lieu of this service, they offered five cents of land as consideration to Rajamani.