P.BALASUBRAMANIAM Vs. PACHAIYAMMAL

JUDGEMENT

(1.) AGGRIEVED by the concurrent finding of the courts below, the defendants have preferred this second appeal.

(2.) THE plaintiffs/respondents here in, daughters of one Ellammal and Parasurama Nattar, filed suit in O.S.NO 415 of 1996 on the file of the District Munsif, Kancheepuram, for declaration of title to the plaint schedule lands and for recovery of possession of the same from the defendants, for an account of income till delivery of possession, for preliminary decree for partition and separate possession of the plaintiffs ' 1/2 share in the plaint schedule and for a decree against the defendants for the recovery of Rs.5000/ - for damages for cutting the trees in the backyard of the plaint schedule II.

(3.) RESISTING the suit, the defendants filed written statement stating that the plaintiffs ' are not entitled to nay share in the suit property. According to the defendants, as per the Settlement Deed dated 17.01.1944, the Settler had given only a limited right of enjoyment to the first wife Ellammal and there after, the property was to vest with the male heirs of the deceased Parasurama Nattar. Therefore, it is contended by the defendants that the plaintiffs cannot get any share in the suit item No. 1.