PADMA Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing.

(2.) The defendants in O.S.No.99 of 2006 and the plaintiff in O.S.No.113 of 2006 have come up with these Second Appeals challenging the concurrent judgments decreeing O.S.No.99 of 2006 and dismissing O.S.No.113 of 2006. The suit in O.S.No.99 of 2006 was filed by the 1 st respondent herein as plaintiff seeking recovery of possession of the suit property, for declaration that the alleged agreement dated 20.01.1976 entered into between husband of the plaintiff and the 1 st defendant is not binding on the plaintiff, for a declaration that the settlement deed executed by the 1 st defendant in favour of the 3 rd defendant is invalid and not binding on the plaintiff and for future mesne profits.

(3.) The claim of the plaintiff was that the suit properties originally belonged to one Veerabathira Mudaliyar who had executed a Will on 16.04.1950 directing the income from the suit properties to be used for the performance of certain charities viz., feeding 20 poor persons during the day of the karthigai star in each month. Under the Will Veerabathira Mudaliyar had directed one Pavadai Mudaliyar S/o. Vinaitheertha Mudaliyar, a resident of Seergali town to perform the charities and if the wife of Veerabathira Mudaliyar was not satisfied with the performance of charities by Pavadai Mudaliyar, she can take over the performance by herself.