DHANDAPANI Vs. RUKMANI AMMAL

JUDGEMENT

(1.) THE defendant, who was successful in the trial Court and unsuccessful in the Lower Appellate Court is the appellant.

(2.) THE plaintiffs filed the suit for declaration and for injunction. THE case of the plaintiffs was that the suit property belonged to the joint family of Veerappa Gounder, Dhandapani, Sivalingam, Panneerselvam and Dharmalingam and Veerappa Gounder was the father and others were his sons and Veerappa Gounder died in the year 1970 and after his death, the suit property and the other properties were enjoyed as joint family properties and though the properties were purchased in the name of the defendant and other persons, those properties were treated as joint family properties and as per the family arrangement that took place on 23.02.1970, the suit property was allowed to the share of Panneerselvam and ever-since the same, the said Paneerselvam was enjoying the property and after his death, the plaintiffs, who are his legal-heirs are enjoying the properties. Even during the life time of Panneerselvam, the relationship between Panneerselvam and the defendant Dhandapani was not cordial and on 14.09.1991, the defendant trespassed into the suit property along with henchmen and removed the movables worth Rs.50,000/- and a complaint was given and thereafter also the defendant questioned the title of the plaintiffs and therefore, the suit was filed for declaration and injunction.

(3.) THE trial Court held that there was a family arrangement as alleged by the plaintiffs on 23.02.1970, but in the family arrangement, the suit property was not included and that was also spoken to by PW1, the brother of the defendant and the suit property was treated as a separate property of the defendant and therefore, the plaintiffs are not entitled to the decree and dismissed the suit.