VASANTHAMMAL Vs. MUNUSAMI PILLAI SARADHA

JUDGEMENT

(1.) THE plaintiffs who were non -suited by the concurrent findings of the Courts below as regards their prayer for declaration of title and also for permanent injunction, challenge the findings of the Courts below by way of the present Second Appeal.

(2.) THE suit was brought by the plaintiff one Samandhi, who was the wife of one Munusamy and mother of the second plaintiff, for declaration of title and for permanent injunction restraining the second defendant from handing over possession of the suit items and documents of title to the first defendant. After the death of the first plaintiff Samandhi, her daughter, viz., the second plaintiff, continued to prosecute the suit and when the case was pending at the appellate stage, she also died and hence, her Legal Representatives have been prosecuting the suit and the appeal.

(3.) ACCORDING to the plaintiff, the suit properties, which originally belonged to her deceased husband and the first defendant, who is her brother -in -law, were mortgaged with the second defendant Munusamy Pillai. The suit filed by the unsuccessful plaintiff before the Courts below was based on the allegation that there was a partition among the brothers on 13.12.1960 by way of a Koorchit in and by which the southern half was allotted to her husband Munusamy while the northern half fell to the share of the first defendant. Further claiming that the defendants were colluding together and prevented the plaintiffs from claiming any share in the property, the plaintiff has filed the suit for declaration of half share on the southern side and for permanent injunction restraining the second defendant from putting the property in possession of the first defendant.