LAWS(MAD)-1992-12-21

AYYAMPERUMAL CHETTIAR DIED Vs. MANIVEL CHETTIAR

Decided On December 15, 1992
AYYAMPERUMAL CHETTIAR (DIED) Appellant
V/S
MANIVEL CHETTIAR Respondents

JUDGEMENT

(1.) THE 2nd defendant is the appellant in this second appeal against the concurrent decree given by the courts below, declaring the title of the plaintiff 1st respondent to the suit property and granting consequential injunction. Pending appeal, the appellant died and his legal representatives were brought on record as appellants 2 to 8 likewise. THE 2nd respondent also died and his legal representatives were brought on records as respondents 3 to 6.

(2.) THE suit property is a vacant site of about 5 cents. It originally belonged to Velayutham Chettiar and Subramania Chettiar was his son through the first wife and the 1st defendant who is the 2nd respondent herein and the 2nd defendant-appellant are the sons of the said Velayutham Chettiar through his second wife. In the family partition Ex.A-11, dated 28.8.1920 the suit property was allotted to the said Subramanian Chettiar. On his death in about 1927, Subramania Chettiar's wife Velayi Ammal enjoyed the said property. THEre are three daughters to the said Subramania Chettiar and Velayi Ammal. After the death of Subramania Chettiar, the said Velayi Ammal and her three daughters sold away the suit property under Ex.B-24, dated 9.10.1939 to one Ponnusami Muthiraian. THEre was also a rectification deed Ex.B-25,dated 24.10.1939, making some rectification relating to the description of the property found in Ex.B-24. THE first defendant filed O.S.No.45 of 1943 against the Velayi Ammal and the abovesaid Ponnusami Muthiraian, the vendee under Ex.B-24 for a declaration of his title to the suit property and the property just north of it, described as ABHE property in that suit. Apart from the said declaration, possession was also sought for in the said suit. THE said suit ended in a compromise and as per the compromise, the 1st defendant who was the plaintiff in the suit got a decree only in respect of the said property ABHE, which lay just north of the suit property. THE said decree in the said suit is Ex.A-2, dated 17.7.1944. However, on 4.9.1944, the same 1st defendant herein filed another suit O.S.No.506 of 1944 against the same Ponnusami Muthiraian and Velayi Ammal and also against all the three daughters of Velayi Ammal (one of whom in Nacharammai, who is P. W.2 in this suit). This suit is for a declaration that the abovesaid Ex.B-24 and Ex.B-25 deeds are not binding on the 1st defendant in this suit and other reversioners of the abovesaid deceased Subramania Chettiar. THE said suit was decreed as prayed for as borne out by Ex.A-8, dated 24.1.1947. THE abovesaid Velayi Ammal died in 1959.

(3.) THE 1st defendant remained ex parte.