DHANDAPANI Vs. PALANISAMY GOUNDER

JUDGEMENT

(1.) 1. This case before both the courts below, has come forward with the instant second appeal.

(2.) THIS second appeal has arisen in this way: One Palani Gounder had three sons, by name, Perianna Gounder, Ramaswamy Gounder and Subbaraya Gounder. The plaintiff Palanisami Gounder is the son of Subbaraya Gounder. Defendants 1 and 2 are the sons of the plaintiff. According to the plaintiff, the suit properties are joint properties of his father Subbaraya Gounder and his brother Perianna Gounder. Perianna Gounder was a bachelor. He had executed a registered Will dated 10.5.1938, wherein he had bequeathed the suit properties and certain other extent to the plaintiff herein. The plaintiff has executed a settlement deed and gifted two acres of land in S.No.402 to his daughter. Now, he is trying to dispose of a portion of the properties for the purpose of celebrating the marriage of his daughter, whereas the defendants who have no right, title or interest, claim title to the properties and attempt to commit trespass upon the properties, which made the plaintiff to institute the suit in O.S.No.392 of 1982 on the file of the District Munsif, Dharapuram for the relief of declaration of his title and for permanent injunction. The suit was subsequently transferred to the file of the District Munsif, Kangeyam, who took the same on file in O.S.No.64 of 1985.

(3.) THE pivotal point that arises for consideration as framed by Bhaskaran, J. is whether the suit property is are self-acquisition of the plaintiff or joint family properties of Perianna Gounder and the plaintiff, and if so, whether Perianna Gounder would alienate the same under a testamentor if disposition.