S SUNDARI Vs. S PERIYASAMY

JUDGEMENT

(1.) THE unsuccessful defendants are the appellants.

(2.) THE respondent/plaintiff filed the suit for declaration that he is the absolute owner of the suit property and for injunction. THE case of the respondent/plaintiff was that the suit property and other properties originally belonged to one Palani and he had a son by name Maran and the said Maran had four sons by name Maran, Chellappan, Munian and Shanmugam and one of the sons Chellappan died leaving behind his widow Valliammal and son Ramasamy and on 11.3.2001, Shanmugam, Munian, Ramaasamy and Maran divided the properties as per the decision of the panchayat and they were in possession of the property and the suit property was allotted to the share of Maran and Ramasamy and the plaintiff purchased the same on 23.1.2008 from the owners Maran and Ramasamy and therefore, the plaintiff is entitled to declaration.

(3.) THE following substantial questions of law were framed at the time of admission of the second appeal:-