PANCHAVARNAM Vs. SANKARAMMAL @ TAMILARASI

JUDGEMENT

(1.) This second appeal arises of out O.S.No.98 of 2004 on the file of the Additional District Munsif Court, Srivilliputtur. The suit properties originally belonged to one Satha Perumal Chettiar. He was blessed with three children namely, Ramaiah Chettiar, Perumal Chettiar and Sankaran Chettiar. Sankaran Chettiar was blessed with two sons and two daughters namely, Manivannan, Satha Selvaraj, Sankarammal and Santhanamariammal. Partition took place among three sons of Satha Perumal Chettiar in the year 1969. Under Ex.P1/Ex.A9 dtd. 29/3/1969, Sankaran Chettiar was given life estate in respect of the properties described as 'third schedule' to the said partition deed. Absolute reminder was given in respect of the third schedule properties to his children. The third schedule of Ex.A9/Ex.P1 contained as many as 14 items. Sankaran Chettiar dealt with quite a few of them. We are not concerned with all the alienations in this second appeal. We are concerned only with the alienations made vide Ex.A7 and Ex.A8 in favour of the fourth and fifth defendants.

(2.) The suit was filed by the two daughters and one son of Sankaran Chettiar. They felt aggrieved by the alienations made by their father. The suit prayer was for declaring that the alienations made by Sankaran Chettiar are void ab inito and not binding on them and for the relief of permanent injunction, recovery of possession and mandatory injunction. The first defendant was Sankaran Chettiar, while the second defendant was the brother of the plaintiffs namely, Manivannan. The purchasers under Exs.A7 and A8 were Balaiah Nadar and Panchavarnam, the fourth and fifth defendants. Written statements were filed controverting the plaint averments. A counter claim was also sought for by the father/D1. The plaintiffs filed a reply statement. Based on the rival pleadings, as many as eight issues were framed.

(3.) The first plaintiff/Sankarammal @ Tamilarasi examined herself as P.W.1. Exs.A1 to A9 were marked. The father/Sankaran Chettiar examined himself as D.W.1. The fourth defendant/Balaiah Nadar examined himself as D.W.3. Two other witnesses were examined on the side of the defendants. Exs.B1 to B36 were marked.