MUTHU SWAMI Vs. PALANISWAMI GOUNDER

JUDGEMENT

(1.) The appellant in S.A.No. 1778 of 1987 filed a suit in O.S.No.460 of 1984 on the file of the District Munsif Court, Udumalpet for declaration declaring his title to the suit property and for consequential permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the same. The 1st defendant Palaniammal is his sister. The 2nd defendant is another sister of the plaintiff and 3rd defendant is the husband of the 2nd defendant, the 1st defendant purchased the suit property in 1957 and by way of a registered settlement deed Ex.A2 dated 2.7.1958, the 1st defendant settled the suit property in favour of the plaintiff and gave possession. But, subsequently, the 3rd defendant, taking advantage of the misunderstanding between the plaintiff and the 1st defendant, ill-advised the 1st defendant who left the house of the plaintiff and started to live with defendants 2 and 3. Since the defendants started to give trouble on some imaginary rights over the suit property, the plaintiff has come forward with the above suit.

(2.) The 1st defendant filed a written statement stating that the suit property was never settled in favour of the plaintiff. The 1st defendant being the sister of the plaintiff intended to give the suit property to the plaintiff only after the 1st defendant's life time. The 1st defendant never put the plaintiff in possession of the suit property and the 1st defendant alone was enjoying the suit property ever since the purchase. The 3rd. defendant was cultivating the land as tenant pursuant to the lease deeds, Exs.B22 and B23 and so the plaintiff is not having any title to the suit property.

(3.) The 3rd defendant filed a seprate written statement reiterating the defence taken by the 1st defendant. He has also stated that in 1972. he became a lessee pursuant to Exs.B22 and B23.