PERIAMBILLAI Vs. SOMAYAN

JUDGEMENT

(1.) PLAINTIFFS are the appellants in this second appeal. They lost in both the courts below. The suit is for declaration of plaintiffs' 'title and consequential injunction in respect of the suit property or in the alternative for possession thereof. Though in the plaint schedule, initially the suit property is stated to be comprised in S. No. 124/2, Rettakulam Village , measuring 2. 42 acres, later in the said schedule, it is mentioned as follows: ' 'P. S. Present enquiry on the part of the plaintiffs reveal that the suit property is included in S. No. 124/2 as well as 124/3 as a result of some recent measurements' '.

(2.) REGARDING the relationship between the parties, there is no dispute. One Veeran had two sons, Kathan and Semban. Kathan's son is the 1st plaintiff and Kathan''s daughter is 3rd plaintiff, 2nd plaintiff is the son of the 1st plaintiff. Semban''s son is Thannah. Thannah''s wife is Kalli (D. W. 2), Thannah''s sons are Sivankali and Kathan (junior ). Among these, all but Kalli, Kathan (junior)and the plaintiffs, are dead.

(3.) SO, the only two questions argued before me are, (1)whether the properties under Ex. A-1 (viz. the alleged old S. No. 124/2, measuring 2. 42 acres) was purchased by Kathan as his self-acquired property, or, as the property of joint family of Kathan and Semban''s branches, and (2)whether subsequently there was a partition between the said two branches.