MARAGADHAM Vs. PERIYARAJA

JUDGEMENT

(1.) Successful before the Trial Court, the appellant-plaintiff failed in appeal before the First Appellate Court and, thereafter, in second appeal before the Madras High Court. Ergo, she is before us.

(2.) Parties shall, hereinafter, be referred to as arrayed in the suit.

(3.) Original Suit No. 697 of 1996 was filed by Maragadham, the plaintiff, before the District Munsiff, Tirupattur, seeking declaration of her title; recovery of possession; and consequential reliefs in relation to certain extents of land in different survey numbers of Mallapalli Village, Tirupattur Taluk, Vellore District. She asserted title over the suit properties under the registered gift settlement deed, bearing Document No. 871 of 1990, dtd. 13/12/1990 executed in her favour by her grandfather, Kuttiyappa Goundar, defendant No. 1. She claimed that she was put in possession thereof but was divested of the same by defendant Nos. 1 to 4 in the year 1995. She alleged that defendant Nos. 1 to 4 then inducted Nandimalai, defendant No. 5, into possession to cultivate the suit lands. She asserted that the defendants failed to handover possession of the property to her despite her entreaties and, accordingly, instituted the suit seeking the reliefs as aforestated.