NEELAVATHI Vs. SHANMUGAM

JUDGEMENT

(1.) THIS Second Appeal is directed against the decree and judgment of the Sub Court, Kancheepuram, dated 18. 02. 1994 in A. S. No. 26 of 1993, which reversed the decree and judgment passed by the District Munsif Court, Kancheepuram, on 25. 09. 1992 in O. S. 657 of 1986.

(2.) WHILE admitting the Second Appeal, the following substantial question of law was framed:

(3.) THIS is a suit for declaration and injunction. The appellant is the plaintiff. The subject matter of suit is 0. 32 cents in survey No. 94/3-B of Papankuzhi Village of Kancheepuram Taluk, patta number of which is 239. The plaintiff relied upon a settlement deed dated 25. 07. 1966, marked as Ex. A-1, whereby the property was gifted to plaintiff by her father Nagappan. In the said document, Nagappan had mentioned two factors; one is that, that property belonged to him by his purchase and the other is that he had earlier executed a Gift deed in favour of his wife on 09. 03. 1951 and that Alamelu, the wife subsequently died. Unfortunately, no particulars of the sale in favour of Nagappan were mentioned thereunder nor was found in the course of evidence. Apart from the gift deed, the other documents that were filed are kist receipts through Exs. A-2 to A-5 and yet another sale deed dated 26. 11. 1982 through Ex. A-8 in favour of one Inbasekaran, which refers to the property lying on the west of suit property. There were three witnesses examined including the plaintiff on her side and one witness examined on the side of the defendants.