KANNAN Vs. OM MURUGAN

JUDGEMENT

(1.) THE unsuccessful defendants aggrieved by the unanimous decisions of the Courts below, preferred this second appeal.

(2.) THE case of the plaintiffs is that the suit property belonged to Kesavan, Kenayan @ Arumugam and Manickam, all are sons of one Kedayan. All the three persons jointly sold the properties to one Anjalai, wife of Veeran on 12.8.1922. From the date of purchase, the suit properties were enjoyed by the said Anjalai Ammal and she died intestate about 55 years back, leaving behind her husband Veeran as her only heir. After the death of said Anjalai Ammal, her husband Veeran was enjoying the property absolutely. The said Veeran married one Thailammal as second wife, through whom, a daughter by name Chinthamani was born. The suit properties were in the enjoyment of said Veeran and Thailammal. After the death of Veeran and his wife Thailammal, their daughter Chinthamani became an absolute owner of the property. The said Chinthamani married one Manickam, who is her uncle and the son of Kedayan. The first plaintiff was born to the said Manickam and Chindhamani. As there was some interference from the brothers of Manickam, some portions of the suit properties were purchased from the sharers on 20.9.1977 and the first plaintiff namely Sarathammal has become an absolute owner and got the property by way of a Gift Settlement Deed from her brothers Govindasamy, Chinnapaiyan and Chinnaiyan on 7.5.1978 under Ex.A3. The said settlement deed was accepted and acted upon.

(3.) THE plaintiffs have marked Exs.A1 to A16 and the defendants have marked Exs.B1 to B22. The second and third plaintiffs examined themselves as PW1 and PW2, besides examining PW 3 and PW4. Similarly on the side of the defendants, the 2nd and 4th defendants examined themselves as DW2 and DW1.