NAGABHUSHANAMMAL (D) BY LRS. Vs. C. CHANDIKESWARALINGAM

JUDGEMENT

(1.) Delay condoned. Substitution allowed. Leave granted.

(2.) Res judicata, partition, ouster and adverse possession are the four principles interestingly arising in the present case.

(3.) Parties are referred to as plaintiff and defendants. Appellant- Nagabhushanammal, since deceased and substituted by her legal heirs (daughter of deceased Kotilingaraja and Veerammal), filed a suit for partition, O.S. No. 2062 of 1988 before the City Civil Court, Madras. The suit property situated at No. 4, Govindarajulyu Naidu Street, Agaram, Madras-82 was purchased by the plaintiff's mother Veerammal from her father- in-law and his two sons under a sale deed dated 16.09.1919 (Document No.1919, SRO, Sembium) from out of her own funds. Veerammal had three children, the plaintiff, the first defendant's father named Chandrasekaran and one Neelagandammal. Veerammal, the original owner of the suit property died in 1922 leaving behind her, the plaintiff and her brother, late Chandrasekaran, the other daughter Neelagandammal having pre-deceased her mother Veerammal. After the death of Veerammal, the property vested equally on the plaintiff and Chandrasekaran, the defendant's father. On the death of Chandrasekaran in 1956, his half share of the suit property vested on the defendant and his mother Saradhambal, the widow of Chandrasekaran. According to the plaintiff, in or about 1961, the plaintiff's husband realized that Veerammal, the owner of the property had settled the property in his name by registered document dated 06.02.1954. He settled the property in his wife's (the plaintiff's) name. This was resented by defendant's mother, Saradambal. That necessitated the filing by the plaintiff of a suit O.S. No. 404 of 1962 on the file of the VII Assit., City Civil Judge, Madras praying for possession of suit property on the basis of the settlement made by the said Veerammal and later by her husband. The learned Judge refused to believe the genuineness of the settlement made by Veerammal in favour of her son-in-law, K. Subramanian, the husband of the plaintiff and hence dismissed the suit on 24.08.1964.