THENMOZHI Vs. KOUSALYA (RETIRED TEACHER)

JUDGEMENT

(1.) The defendants in the suit in O.S.No.3 of 2011 on the file of the Principal District and Sessions Court, Ariyalur, are the appellants in the above appeal.

(2.) The respondents 1 and 2 in this appeal, as plaintiffs, originally filed a suit in O.S.No.1 of 2006 on the file of the Principal District Court, Perambalur, and later, it was transferred to the Principal District Court, Ariyalur, and re-numbered as O.S.No.3 of 2011. The plaintiffs have filed the suit for a declaration that they are absolute owners of the suit A-schedule properties and for consequential permanent injunction restraining the defendants 1 to 3 from in any manner interfering with the peaceful possession and enjoyment. The plaintiffs sought for declaration of title and recovery of possession as an alternative prayer. Further they sought for preliminary decree for partition of their 1/2 share in all the suit properties as a second alternative probably in the wake of defendants setting up a Will alleged to have been executed by 2nd plaintiff's father.

(3.) Before dealing with the case of the respective parties, it is necessary to refer to the relationship among the parties. The 1 st plaintiff is the mother of 2nd plaintiff. The husband of 1st plaintiff and the father of 2nd plaintiff is one Sri.P.Veeraraghava Pillai, who died on 29/1/2005. The said Sri.P.Veeraraghava Pillai had three brothers and three sisters and defendants 1 to 3 are the two daughters and the son of one of the brothers of Sri.P.Veeraraghava Pillai, by name Kalyanasundaram. The other defendants in the suit are tenants in respect of some of the suit properties.