RAMU GOUNDER Vs. K RADHAKRISHNAN

JUDGEMENT

(1.) The defendants in O.S.No.1217 of 1988 on the file of District Munsif Court, Villupuram, against whom the first appellate court has passed a decree for declaration and injunction of the plaintiff's title by reversing the decree and judgment of the trial court in respect of its dismissal of the suit with respect to items 1 to 7, are the appellants herein.

(2.) The averments in the plaint are as follows:- The plaintiff and the defendants are the sons of Kullappa Gounder, who, on 11.1.1980 had executed a settlement deed in favour of the plaintiff in respect of items 1 to 7 and the same was accepted and acted upon, the plaintiff was also in enjoyment thereof. On 27.2.1976, the plaintiff was assigned with item No.8 by the Government and items 9 to 11 were self acquired properties of plaintiff by right of purchase under sale deed dated 8.6.1972, 19.6.1972 and 26.2.1983. There was a prior suit in O.S.No.87 of 1984 on the file of the District Munsif Court, Villupuram, wherein the plaintiff filed a suit for partition of his 3/5th share. It was subsequently withdrawn on 11.7.1985. It is later on, the defendants apprehended for the possession of the plaintiff. Therefore, the suit was filed.

(3.) In the written statement of the second defendant, he has averred as follows:- It is untrue to say that the items 1 to 7 belong to plaintiff by a settlement deed said to have been executed by Kullappa Gounder. It was never accepted and acted upon and the plaintiff was not in possession. Irusammal, the mother of the parties have executed a settlement deed in favour of her husband, Kullappa Gounder, wherein the right of sale was restricted, but he was only given the right of enjoyment. There were two daughters for Kullappa Gounder, the non joinder of which will make the suit bad. The assignment of item 8 is only with the family and not to the individual as to the plaintiff.