C. VIJAYALAKSHMI Vs. AMMINI AMMA

JUDGEMENT

(1.) The plaintiffs in OS No.281/91 before the Munsiff's Court, Alathur, are the appellants before this Court. They instituted the suit, seeking protection under Sec. 44 of the Transfer of Property Act, 1882. That was declined by the courts below.

(2.) The facts absolutely essential for the disposal of the second appeal are as follows :

(3.) The suit was resisted by the defendant. It was pointed out by her that the relationship between Meenakshi Amma and the plaintiffs was far from cordial and the affairs of Meenakshi Amma were being looked after by the defendant. Meenakshi Amma was residing in a building in the suit property and the plaintiffs were residing elsewhere. Meenakshi Amma had gifted share in the house to the defendant and the defendant had accepted the gift. The keys of the house were also handed over to the defendant. There is no justification for the plaintiffs to seek exclusion of the defendant from the joint possession of the house. On the basis of these contentions, she prayed for a dismissal of the suit.