DHANAJEYAN Vs. DHARANIAMMAL

JUDGEMENT

(1.) The 3rd defendant in the suit has filed the above Second Appeal challenging the Judgement and Decree in A.S.No.33 of 2006 on the file of the Subordinate Court, Vellore, in and by which the learned Subordinate Judge had reversed the Judgement and Decree of the Principal District Munsif, Vellore in O.S.No.457 of 1998. For ease of understanding the parties are referred to in their array as in the suit.

(2.) The plaintiff had filed the suit O.S.No.457 of 1998 on the file of the Principal District Munsif, Vellore for a declaration of her title to the suit schedule property and for recovery of possession and permanent injunction restraining the defendants from selling or creating encumbrance in respect of the suit property. The suit property consist of 11 items of Nanja lands and the 12th item is a dilapidated thatched house with vacant site. All the items of property are situate in various survey numbers of Nedumipalayam Village, Vellore.

(3.) The case of the plaintiff is that the three sons of one Rangaraja, Venkatasamyraja, Ramaraja and Balakrishnaraja had partitioned their joint family properties under a registered partition deed dtd. 09.03.1952. After the partition, the three of them were enjoying their respective shares as their separate property. Venkatasamyraja had mortgaged the properties several times over. The said Venkatasamyraja had died leaving behind him his wife, Muniyammal and son Kumarasamyraja. Muniyammal's sister Indirani Ammal was also living with the family of Venkatasamyraja and joint patta was given in the name of Kumarasamyraja, Muniyammal and Indirani Ammal in respect of the properties of Venkatasamyraja.