R. SRINIVASAN Vs. S. SANKARRAJ

JUDGEMENT

(1.) CHALLENGE in this Second Appeal is to the Judgment and decree dated 05.11.2007 passed in Appeal Suit No.25 of 2007 by the Sub Court, Aruppukottai, wherein the Judgment and decree dated 19.02.2007 passed in Original Suit No.66 of 2005 by the District Munsif Court, Aruppukottai are reversed.

(2.) THE appellant herein as plaintiff has instituted Original Suit No.66 of 2005 on the file of the trial Court for the reliefs of declaration and perpetual injunction, wherein the respondents 1 and 2 has been shown as defendants.

(3.) IN the written statement filed on the side of the first defendant it is stated that it is false to aver that the suit property is ancestrally belonged to Sundara Reddiar. The relationship mentioned in the plaint is correct. The suit property is originally belonged to one Sankarappa Reddiar and he has been blessed with four daughters namely Muthakkammal, Punnakkammal, Sankaravadai Ammal and Muthalakkammal. Sundara Reddiar mentioned in the plaint is the son of Punnakkammal. The said Sundara Reddiar has married Muthalakkammal. The original owner of the suit property by name Sankarappa Reddiar has passed away. After his demise, his wife by name Podakammal and her daughters have succeeded the estate of Sankarappa Reddiar. One of the daughters by name Punnakkammal has passed away leaving behind her son by name Sundara Reddiar. The said Podakammal, Muthakkammal, Sundara Reddiar, Sankaravadai Ammal, Muthalakkammal have effected a partition, wherein 1 acre 31 cents of land has been allotted to the share of Muthakkammal and the remaining 1 acre 37 cents of land has been allotted to the share of Muthalakkammal. The share allotted to Sundara Reddiar has already been sold away. The said Muthalakkammal has purchased 1 acre 31 cents from Muthakkammal. The said Muthalakkammal has executed a settlement in respect of 64 cents in favour of the eldest son by name Subba Reddiar. The property which situates immediately on the eastern side of 64 cents is the suit property. The son of Muthalakkammal by name Shanmugavel has married one Kosalai. On 24.05.1973 the said Muthalakkammal has executed another settlement deed in favour of Shanmugavel and Kosalai. The first defendant is their son. The said Shanmugavel and Kosalai have jointly executed a settlement deed in favour of the first defendant on 27.05.1983 in respect of the suit property, wherein the said Muthalakkammal has been shown as guardian. The father of the first defendant is in the habit of gambling, drinking etc., The said Sundara Reddiar is also an extravagant. Since the said Muthalakkammal has failed to meet out the frequent demands of money made by her son by name Shanmugavel, he murdered her and due to that he has been awarded life sentence. Since the settlement deed dated 27.05.1983 has been executed in favour of the first defendant, the first defendant has become absolute owner of the suit property. The father of the first defendant has had no right to execute a sale deed in respect of the suit property in favour of anybody and there is no merit in the Suit and the same deserves to be dismissed.