SANTHANALAKSHMI Vs. JEYARAMAN

JUDGEMENT

(1.) This Second Appeal has been directed against the concurrent Judgments and decrees passed in Original Suit No.28 of 2005 by the Sub Court, Kovilpatti and in Appeal Suit No.18 of 2006 by the Additional District Court (Fast Track Court No.II), Thoothukudi.

(2.) The respondents 1 and 2 herein as plaintiffs have instituted Original Suit No.28 of 2005 on the file of the trial Court for the reliefs of declaration and perpetual injunction in respect of the suit first item and also for the reliefs of declaration and recovery of possession in respect of the suit second item, wherein the present appellants have been shown as defendants.

(3.) In the plaint it is averred that the suit properties and some other properties are originally belonged to the paternal grandfather of the plaintiffs. One Muthulakshmi Kannappan is the paternal aunt of the plaintiffs and she has been given in marriage to one Amirthasamy. The erstwhile Zamindhar (paternal grandfather of the plaintiffs) has permitted the said Amirthasamy to reside in the suit first item and to that extent, a document has been executed, but no title has been passed in favour of the said Amirthasamy. The said Amirthasamy has executed a sale deed, dated 23.02.1938 in favour of his wife, wherein he asserted that the suit first item has been given to him on the basis of permission. After the demise of the paternal grandfather of the plaintiffs, the father of the plaintiffs have effected a partition by virtue of a partition deed, dated 02.12.1959, wherein the suit first item has been given absolutely in favour of the first plaintiff and the suit second item has been given to the second plaintiff. The said Muthulakshmi Kannappan and his younger daughter, by name, Ramamirtham have decided to settle somewhere else and due to that a registered release deed has come into existence on 12.01.1994 in respect of the suit first item. The first defendant is the another daughter of Muthulakshmi Kannappan and she is not having any manner of right, title and interest in respect of the suit first item. Now, the defendants have colluded together and tried to raise a novel claim in respect of the suit items. Under the said circumstances, the present suit has been instituted for the reliefs sought for in the plaint.