RUKMANI AMMAL Vs. ANNAMALAI PILLAI

JUDGEMENT

(1.) THE unsuccessful plaintiff filed the above second appeal. THE plaintiff filed a suit in O.S. No. 1657 of 1980 on the file of the District Munsif, Vridhachalam for declaration of his title to the suit property and for injunction and in alternative for possession of the suit property.

(2.) ACCORDING to the plaintiff, the suit property was given by Sivalingam in favour of his widowed daughter Thangammal for her maintenance. She executed a Will under Ex.A3 dated 29.11.75 in favour of the plaintiff. Thangammal died. ACCORDING to the plaintiff, the said Sivalingam had executed a settlement deed under Ex.A1, dated 23.2.1927 in favour of the said Thangammal, his widowed daughter for her maintenance. On that basis, the plaintiff has come forward with a plea that Thangammal's right is enlarged and thereby the plaintiff is entitled to absolute right in the property.

(3.) FROM the above said document, the following facts are clear:- 1. Thangammal's husband died. 2. She has been maintained from and out of joint family property. 3. To safeguard her interest to maintain herself after the death of her father Sivalingam, the said document has been executed settling the said property mentioned in the document.