PALANIAMMAL Vs. THASI

JUDGEMENT

(1.) This Second Appeal is directed against the Judgment and Decree dated January 27, 2021 passed in A.S.No.15 of 2019 by the 'Subordinate Court, Paramathi' [henceforth 'First Appellate Court'], whereby the Judgment and Decree dated March 21, 2019 passed in O.S.No.99 of 2012 by the 'District Munsif Court, Paramathi' [henceforth 'Trial Court'] was reversed.

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit. PLAINTIFFS' CASE:

(3.) The 1st and 2nd plaintiffs are the wife and the daughter of 1st defendant respectively. The 2nd defendant is the daughter of one Karuppayee, with whom the 1st defendant was in a relationship with, however 2nd defendant was not born to 1st defendant. The Suit Property is separate property of the 1st defendant. On September 7, 1983, the 1st defendant executed a Settlement Deed in favour of the 1st plaintiff in respect of Suit Property and the same was accepted and acted upon. Title Deeds were handed over to the 1st plaintiff and she got into joint possession and enjoyment of the Suit Property along with 1st defendant. Revenue records stand in the name of the plaintiffs and they have been paying Kist. The 1st plaintiff had filed a Suit in O.S.No.174 of 1998 on the file of District Munsif Court, Paramathi, seeking permanent injunction inter alia against the said Karuppayee 's father, who is 1st plaintiff 's neighbouring land owner too, and obtained Decree dated March 26, 1999 in her favour in respect of Suit Property.