RAJAMANI NADAR Vs. SUBBULAKSHMI

JUDGEMENT

(1.) THE first respondent in S. A. No. 1017/1993, who is also by respondent in other Second Appeals, approached the Court by filing a suit in O. S. No. 2/1986 on the file of the District Munsif Court, Kovilpatti on the basis that she is the owner of the suit properties, bearing S. No. 42/1983, which is specifically mentioned in the I Schedule of the Plaint.

(2.) ACCORDING to the plaintiff/1st respondent, the suit properties originally belonged to Ettayapuram Jamin. In 1952, the Zamindar leased out a portion of the said I Schedule property to one Yacob Reddiar for eight years. He agreed to hand over possession of the same with all superstructures, on completion of the said lease period. On 18. 12. 1961 under ex. A8, the Zamindar sold the suit properties and the shops to his maternal uncle A. B. Karuppasamy Pillai. On 1. 9. 1969, the said Karuppasami Pillai under ex. A. 14 gifted the suit properties to the plaintiff.

(3.) THOUGH substantial questions of law were framed at the time of admission, after hearing the arguments, I am inclined to frame the question of law, which has to be answered first, as follows: Whether the appellants can sustain their claim in the above Second Appeals, though the judgment and decree passed in A. S. No. 90/1989, confirming the decree passed in o. S. No. 2/1986 has become final against the defendants 1 to 3 in O. S. No. 2/1986 is concerned "