MANI Vs. CHINNATHAMBI GOUNDER DECEASED

JUDGEMENT

(1.) DEFENDANTS in O.S.No.210 of 1987 are the appellants.

(2.) THE first respondent/plaintiff filed the suit for declaration that the suit properties belonged to him and for recovery of possession and for mesne profits. THE case of the first respondent/plaintiff was that the suit properties were originally purchased in the name of Veerammal, his mother and they were treated as joint family properties and in the year 1956, a partition was effected among the sons of Veerammal and in that partition, items 1 and 2 were allotted to the share of the plaintiff and the third item was kept reserved for the purpose of meeting the marriage expenses of the plaintiff and the plaintiff out of his own earnings met his marriage expenses and therefore, the third item also belonged to him and the plaintiff's mother Veerammal was also having 33 cents in the same survey number namely first item of the suit property and she executed the settlement deed in respect of that property in favour of the sons of the plaintiff under a registered settlement deed dated 7.11.1981 and that settlement deed came into effect and thereafter, defendants 1 to 3, who are his deceased brother's sons and his own brother, the fourth defendant, by practising fraud on his mother, created documents as if the settlement deed dated 7.11.1981 was cancelled by Veerammal and Veerammal executed another settlement deed in favour of defendants 1 to 3 and the sons of the fourth defendant and thereafter, the defendants attempted to interfere with the possession and enjoyment of the properties by the plaintiff and therefore, the plaintiff, as the father and next friend of his sons, filed O.S.No.1023 of 1982 and that suit was decreed and in that suit, it was held that the suit properties were allotted to the share of the plaintiff and Veerammal executed a settlement deed in respect of 33 cents of property in favour of the plaintiff's sons and even thereafter, the defendants are in unlawful possession and are questioning the title of the plaintiff and therefore, the suit was filed.

(3.) THEREFORE, the first respondent/plaintiff filed appeal in A.S.No.262 of 1994 and the first appellate court allowed the appeal and aggrieved by the same, the second appeal is filed.