YASODAI POONGAVANAM Vs. KANNAN

JUDGEMENT

(1.) Yasodai, Poongavanam, the plaintiff is the appellant herein. She filed a suit for partition of her half share in 'D' schedule property and for recovery of possession in respect in respect of 'B' schedule property contending that she would be entitled to half share in 'D' schedule property along with 7th defendant, her brother, after the death of her father and mother and she would be entitled to the entire 'B' schedule property, as the said property was settled in her favour by virtue of the settlement deed executed by her parents.

(2.) The suit was contested by the defendants 2 to 6 contending that the entire properties, namely, 'B' and 'D' schedule properties were purchased by their father, the first defendant, from the 7th defendant, the brother of the plaintiff, in the year 1970 and as such, they would be entitled to claim adverse possession and therefore, the plaintiff would not be entitled to any relief.

(3.) In the trial Court, three witnesses were examined on behalf of the plaintiff and Exs. A-1 to A-11 were marked. On the side of the defendants, D.Ws. 1 to 5 were examined and Exs. D-1 to D-76 were marked. The trial Court, on consideration of the materials available on record, decreed the suit in favour of the plaintiff.