KOTTIAMMAL DIED Vs. SOMUTHIRAM

JUDGEMENT

(1.) THIS second appeal is directed against the judgment of the learned Subordinate Judge, Srivilliputhur, in 86 of 1983, confirming the judgment of the learned District Munsif, Srivilliputhur, in O.S. No. 872 of 1981.

(2.) THE plaintiffs filed the suit for cancellation of the ex parte decree passed in O.S. No. 872 of 1981 dated 3.2.1983 in respect of the properties covered under second and third schedule of the plaint, as against the second plaintiff, for declaration that plaintiffs 1 and 2 have equal half share in plaint Schedule 2 and 3 properties and for defendants from interfering with a permanent injunction restraining the the plaintiffs'peaceful possession. According to the plaintiffs, the suit properties originally belonged to the joint family consisting of Neerathilinga Asari, his wife Ganapathy Ammal and their sons Ramalingam Asari, Veerappan Asari. Though some of the properties has been purchased in the name of Ganapathi Ammal, they were purchased only from and out of the joint family funds and were always treated as joint family properties. THE following is the genealogy of the family:-

(3.) IT is also necessary to point out at this juncture that the earlier suit in O.S. No. 872 of 1981 filed by the defendants in the present suit, which is now sought to be set aside by the plaintiffs was for a declaration that the suit items 1 and 3 belonged to them and for possession and mesne profits. The first defendant in the suit was alienee of item No.l having purchased the same from Ramalingam Asari. The second defendant in that suit who is the second plaintiff in the present suit was set exparte. The trial Court held that as far as first item was concerned which was alone relevant to the alienee/first defendant in that suit, he as well as predecessors in title (Ramalingam Asari) had perfected title of adverse possession and hence dismissed the suit in respect of item No.l. In respect of other items, the suit was decreed exparte against the second defendant. A.S. No. 863 of 1983 filed by the plaintiffs was also dismissed and Second Appeal No. 1799 of 1985 was also dismissed by this Court by judgment dated 6.8.1998 .All the findings rendered by the Courts below stood confirmed.