K. PADMAVATHI Vs. RANJITHAM AMMAL

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the judgment and decree dated 25.4.1997 passed in appeal suit No. 190 of 1994 by the Sub -Court, Tuticorin, wherein the judgment and decree dated 29.10.1993 passed in Original Suit No. 494 of 1985 by the District Munsif Court, Srivaikundam are reversed.

(2.) THE respondents 1 to 7 herein as plaintiffs have instituted Original Suit No. 494 of 1985 on the file of the trial Court for the reliefs of declaration and recovery of possession, wherein the present appellant has been shown as first defendant.

(3.) THE conspectus of the averments made in the plaint can be stated like thus: The suit property and some other properties are originally belonged to two brothers namely, Madasamy Pandithar and Somasundara Pandithar. The said Madasamy Pandithar has passed away prior to 44 years leaving behind him his wife viz., Madathi Ammal and his daughter by name Padmavathi, who has been arrayed as third defendant. At the time of demise of the said Madasamy Pandithar no absolute right has been in existence in favour of his wife and daughter in respect of joint family properties. Since the said Madasamy Pandithar has passed away prior to 44 years, his brother by name Somasundara Pandithar has obtained the suit property and other properties by way of survivorship. The brother of Madasamy Pandithar viz., Somasundara Pandithar has executed a settlement deed dated 5.2.1942 in favour of the third defendant and his mother Madathi Ammal, wherein, right of residence has been given in their favour. The mother of the third defendant viz., Madathi Ammal has passed away prior to 38 years. The third defendant has had enjoyed the suit property. On 18.5.1984 she sold the same in favour of the first plaintiff. The first plaintiff has derived valid title over the suit property. The defendants 1 and 2 are not having any manner of right, title and interest over the suit property and since they claimed interest over the same by denying the title of the plaintiffs, the present suit has been instituted for the reliefs of declaration as well as recovery of possession.