V MUTHUSAMI Vs. ANGAMMAI ALIAS KULLAMMAL

JUDGEMENT

(1.) A.S. No. 951 of 1977 is by the plaintiff Muthusamy against the dismissal of his suit O.S. No. 155 of 1975 on the file of Sub Court, Salem. The said suit filed on 14.3.1975 is for specific performance of sale agreement dated 13.2.1975 executed by the 1st defendant Angammal alias Kullammal (hereinafter referred to ?Angammal?) and her step grandson Danapal the 2nd defendant (hereinafter referred to as ?Danapal?) agreeing to sell the suit lands to the plaintiff Muthusamy (hereinafter referred to as ?Muthusamy?)., by the above said Angammal is against the dismissal of her suit O.S. No. 105 of 1976, which was filed earlier on 28.2.1975. The said suit is for a declaration of the said Angammal's right to enjoy the suit lands and for consequential injunction. The suit, lands are same in both the suits. By a common judgment, both the suits were disposed of, as stated above, on 31.8.1977. (Defendants 1 to 6 in O.S. No. 155 of 1975 are also parties in O.S. No. 105 of 1976 but Muthusamy who is plaintiff in O.S. No. 155 of 1975 is not a party in O.S. No. 105 of 1976 and the 6th defendant Pappannan in O.S. No. 105 of 1976 alleged to be the tenant of the suit lands (hereinafter referred to as ?Pappannan?) is not a party in O.S. No. 155 of 1975.)

(2.) CERTAIN undisputed facts are:?The suit lands originally belonged to one Alagirisamy Chettiar who is said to have died pending A.S. No. 951 of 1977. His son Arimuthu Chettiar's third wife is the above said Angammal. His said son died long back on 8.9.1940. The said Arimuthu Chettiar's daughter Gowrammal (through his predeceased second wife) was married to one Subramania Chettiar and their only son is the above said Danapal. Gowrammal also died on 19.4.1953 and her husband Subramania Chetty also died on 30.7.1971.

(3.) IN O.S. No. 105 of 1976 (which was originally O.S. No. 250 of 1975) Angammal is the plaintiff and she pleaded as follows:The suit lands had been given to her for enjoyment for life, in lieu of main tenance under the registered document dated 21.1.1946 (Ex. A.5). That deed itself is in renewal of pre-existing right of maintenance, given by his father-in-law Alagirisamy. Only after the death of Angammal, the suit lands have to revert back to the male heirs of the settlors. As per the settlement deed she is in possession'of the same, by cultivat ing the property with the help of servants. The other pleas are more or less same as here plea in the other suit.