KANNAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The plaintiffs are the appellants in a suit for declaration of title and for permanent injunction or in the alternative, for recovery of possession.

(2.) The case of the plaintiffs is that admittedly, the suit properties belonged to the joint family consisting of the first defendant, who is the father of defendants 2,3 and 4. The fourth defendant is the paternal aunt of the plaintiffs 1,2 and 3. The plaintiffs 1,2 and 3 are born to one Subramaniam, who is one of the sons of the first defendant. The fifth defendant is the husband of the fourth defendant.

(3.) The suit claim is with respect to 19 items of the suit properties. The specific case of the plaintiffs is that there was a partition effected on 02.06.1978 by way of Ex.A1-Partition deed among the family members and the same was not registered. As per the said partition deed, item Nos. 1 to 11 were alloted to the plaintiffs' father. Item Nos.12 and 13 were given to the daughter, namely, the fourth defendant, i.e., the own sister of plaintiffs' father. Item Nos.14 to 19 were kept in common to be enjoyed jointly. Ever since the date of Ex.A.1, the properties have been enjoyed by the parties accordingly. The claim of the plaintiffs is that their father Subramaniam had been taking care of the entire family and he married the fourth defendant by spending huge amount. In consideration of the same, it is alleged by the plaintiffs that they had sold item Nos.12 and 13 of the suit properties orally in favour of their father. It is also the case of the plaintiffs that in pursuant to the oral sale, they have obtained patta in their name, as per Exs.A2 and A3. While so, the fourth and fifth defendants tried to trespass into the suit properties. Hence, the suit had been filed by the plaintiffs for declaration and permanent injunction.