R. SOUNDARARAJAN Vs. R. SIVAPRAKASAM

JUDGEMENT

(1.) Defendants 1 to 4 in the suit in OS.No.12/2006 on the file of the Sub Court, Ponneri, are the appellants in this Second Appeal.

(2.) The 1st respondent in this Second Appeal, as plaintiff, filed the suit in OS.No.12/2006 for a declaration, declaring the document of Settlement created by the 1st defendant/1st appellant in favour of defendants 2 and 3/appellants 2 and 3 herein, on 17/1/2005 as sham and nominal document and void and not binding on the plaintiff.

(3.) It is the case of the plaintiff that the suit property which is described as 16 feet passage comprised in S.No.93/1C2 in Ambattur Taluk, Naravaikuppam Panchayat, is the property in respect of which the plaintiff is having a right to use the same. It is admitted that the suit property originally belonged to the plaintiff's grandfather by name Ekambara Chettiyar. By virtue of a Will executed by the said Ekambara Chettiyar on 24/5/1988, it is stated that the plaintiff was allotted 'A' Schedule property measuring an extent of 1.67 acres of agricultural lands including the 16 feet passage to reach Nataraja Rice Mill. It is the specific case of the plaintiff that the 1st defendant has no other right in the 'A' Schedule property referred to in the Will except a right to have access in the 16 feet passage.