ARUMUGHAM Vs. SUNDARAMBAL

JUDGEMENT

(1.) Special leave granted.

(2.) This is an appeal filed by the legal representatives of the deceased plaintiff against the judgment of the High Court of Madras in Second Appeal No. 1946 of 1983 dated 30th September, 1997. By the said judgment, the High Court reversed the judgment of the lower appellate Court dated 30-6-83 and restored the judgment of the trial Court dated 12-5-82 in O. S. No. 187 of 1979.

(3.) The plaintiff filed a suit for declaration of title of the suit property and for permanent injunction claiming to be the son of Late Haritheertham and Mariyayee. According to him the said Haritheertham his father died 40 years earlier and Mariyayee, his mother died 5 years before the suit. It was stated that the plaintiff was suffering from paralysis for over 25 years. It was also stated that several years earlier the first defendant and her mother were residing in the suit village and the second defendant was the husband of the first defendant. The 1st defendant was not the daughter of late Haritheertham and Mariyayee. The mother of the first defendant died 4 or 5 years before the suit and thereafter the first defendant got patta changed into her name and denied the right and interest of plaintiff. The plaintiff stated that the defendants were seeking to interfere with plaintiff's possession and he therefore claimed declaration of title and permanent injunction.