THIRUMALAISWAMI Vs. NALLATHAMBI

JUDGEMENT

(1.) THE defendants in O.S.No.50 of 1983 are the appellants in A.S.No. 441 of 1986 and A.S.No.977 of 1994. THE plaintiff in O.S.No.9 of 1984 is the appellant in Tr.A.S.No.756 of 1988.

(2.) THE suit for partition and separate possession, O.S. No.50 of 1983 was decreed and final decree was passed, against which two appeals, viz . A.S. Nos.441 of 1986 and 977 of 1994 are preferred by the defendants in the said suit. THE suit for a declaration of title and for permanent injunction, O.S. No.9 of 1984 was dismissed, against which the other appeal, viz. Tr. A.S. No.756 of 1988 is preferred by the plaintiff in the said suit.

(3.) THE case of the plaintiffs is that Devanna Gounder owned ancestral properties and from out of that nucleus, the suit properties were purchased and therefore, they are entitled for a partition. Whereas, the case of the first defendant is that there was no ancestral properties and that the suit properties were purchased by Palanisamy Gounder from his own source and he has acquired title to the suit properties by virtue of the Settlement made by Arukkani Ammal and the Release made by Karundevi Gounder .