T BALAN Vs. P MANI

JUDGEMENT

(1.) THIS second appeal is focussed by the original plaintiff, animadverting upon the judgment and decree dated 20.11.2009 passed in A.S.No.504 of 2006 by the Additional District Judge, II Fast Track Court, Chennai, confirming the judgment and decree of the learned XI Assistant City Civil Judge, Chennai in O.S.No.3137 of 1996. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) A recapitulation and re'sume' of relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus: (a) The plaintiff- Balan filed the suit seeking the following reliefs impleading initially only the defendants Durai- his brother and Mani - the purchaser of the property from Durai:

(3.) AT the outset itself, I would like to detail and delineate the relevant facts which are admitted or atleast undeniable. One Kandan had three sons, namely Velu, Thangavelu and Muthuvelu. The suit property originally belonged to Kandan. The said Velu and Muthuvelu died issueless. Thangavelu had two sons, namely Durai/D1 and Balan/plaintiff and also four daughters, namely Violet, Navaneedam, Saroja and Muniammal. Thangavelu's wife was Rajambal. The fact remains that even before the death of Velu and Muthuvelu, the said Durai/D1 and Balan were born to Thangavelu. The plaint proceeded on the line that Thangavelu during his life time executed Ex.A1 the settlement deed in favour of his wife Rajambal assuming as though the said property absolutely belonged to him even though in the deed itself it is found stated that the property came into his hands as ancestral property. There is also a clause in Ex.A1 that after the death of the settlee, namely Rajambal, the property should devolve upon the male descendants, which means that Durai and Balan should take the property absolutely after the death of Rajambal. No doubt, earlier in the same deed there is a clause to the effect that Rajambal should take the property absolutely, but subsequent clause is to the effect that property should devolve upon Durai and Balan. However, it so happened that the said Rajambal executed Ex.B2- the settlement deed dated 23.05.1983, settling half share in the suit property in favour of her elder son Durai leaving the remaining half share as such. The said Thangavelu died in the year 1961 and Rajambal died in the year 1992. D2 purchased the said half share of D1 which he got under Ex.B2, as per Ex.B1 dated 20.02.1996.