SAKUNTHALA AMMAL AND ANR. Vs. PATTAMMAL

JUDGEMENT

(1.) THE legal representative of the 2nd defendant is the appellant in the Second Appeal.

(2.) THE short facts are as follows: One Ammani Samanra Goundar had a concubine by name Nachiammal who was the sister of one Gopala Goundar. Samanna Goundar had a son by name Dharmalingam, the husband of the plaintiff and they had three sons, defendants 3, 4 and 5. Gopala Goundar had two sons, the defendants 1 and 2. The suit property is a wet land of an extent of 791/2 cents out of 1 -59 acres comprised in S.N. 94 in Ambalur village. According to the plaintiff, it belonged to Samanna Goundar and he settled the same on 5th April, 1940 in favour of the plaintiff and the defendants 3 to 5 with a direction to get possession after the lifetime of Nachiammal. The said Nachiammal died about 3 months before the filing of the suit and Gopala Goundar her brother also died and defendants 1 and 2 are in possession. Hence the suit for declaration of joint title of plaintiff and defendants 3 to 5 and also for recovery of possession.

(3.) THE 2nd defendant contested the suit stating that the suit property was purchased by Nachiammal under Exhibit B -1 dated 21st February, 1929 and on 16th April, 1929 she executed under Exhibit A -2 a deed of gift wherein the property was bequeathed in favour of Samanna Goundar. Under Exhibit B -2 dated 26th November, 1942 Nachiammal ignoring the earlier deed sold the property in favour of Gopala Goundar who had settled the same under Exhibit B -3 dated 22nd August, 1949 in favour of the 2nd defendant. By reason of this transaction the 2nd defendant's title would be unimpeachable, and the plaintiff's claim is untenable.