G DAS Vs. Y MARY GLORY BAI

JUDGEMENT

(1.) COMMON Judgment The Appellants are the Defendants in O. S. No. 10/1986 and plaintiffs in O. S. No. 87/1990. These second appeals are preferred against the concurrent findings of the District Court, Kanyakumari, passed in a. S. No. 67/1991 and A. S. No. 85/ 1991 (dated 6. 4. 1993), confirming the Judgment and Decree made in O. S. No. 87/1990 and O. S. No. 10/1996 (dated 19. 6. 1991), on the file of the Subordinate Court , kuzhithurai.

(2.) O. S. No. 10/1986 on the file of the Sub Court kuzhithurai was filed by the Plaintiffs Mary Glory Bai and her minor daughter francis Dharmarani for declaration of Title and Injunction in respect of'b' schedule properties and for recovery of possession in respect of'c'schedule properties. D-1, D-13, D-10 and the children of D-10 have filed O. S. No. 87/1990 on the file of Sub Court , kuzhithurai for partition and to set aside the Gift Deed - Ex. A-1 (30. 10. 1980)executed in favour of Dharmaraj, by Gnanamony and Muthaiyan. In the trial court, evidence was recorded separately and suits have been disposed of by separate judgments. In the Appellate Court, both the appeals were dismissed by common judgment. For convenience and to avoid mistaken reference, parties are referred in their rank in O. S. No. 10/1986.

(3.) O. S. No. 87/1990, Sub Court Kuzhithurai :: (O. S. No. 248/1985, District Munsif Court Kuzhithurai) The suit was originally filed in O. S. No. 248/1985 and later it was transferred to Sub Court, Kuzhithurai and renumbered as O. S. No. 87/1990. Case of the Defendants is that the suit property belonged to the family of karuman. Gnanamony and Muthaiyan were allotted'b'Schedule Properties. The settlement Deed executed by Gnanamony and Muthaiyan in favour of Dharmaraj on 29. 08. 1981 would not bind the shares of the Defendants 1, 13 and 10 and the children of D-10, who are the Plaintiffs in O. S. No. 87/1990. The said Gnanamony and Muthaiyan along with the Plaintiffs have attempted to interfere with the possession and enjoyment of the shops by the first Defendant/das. Hence D-1, d-13, D-10 and children of D-10 have filed O. S. No. 87/ 1990 for partition and for cancellation of the Gift Deed - Ex. A-1, in favour of Dharmaraj.