SARASWATHI AMMAL Vs. PONNINATHA NAINAR

JUDGEMENT

(1.) THE above two Second Appeals arise out of the two suits in O. S. Nos:14 of 1986 and 562 of 1989 on the file of the Additional District Munsif Court, Arni. Saraswathi Ammal , the defendant in O. S. No. 14 of 1986 and plaintiff in o. S. No. 562 of 1989 are the appellants herein.

(2.) O. S. No. 14 of 1986 has been filed by the Ponninatha Nainar for declaration and injunction of the suit properties in S. No. 26/3 for 41 cents and in s. No. 26/11 for 39 cents. O. S. No. 562 of 1989 has been filed by Saraswathi Ammal for declaration and injunction of the suit properties in S. No. 26/3 in respect of 9 cents and in s. No. 26/11 in respect of 19 cents.

(3.) ON the above pleadings and evidence, and on hearing the arguments of the learned counsel appearing on either side, both the courts below concurrently held that the suit properties in O. S. No. 14 of 1986 which form part of E Schedule were allotted to Marudevi for her maintenance, that after the Hindu Succession Act, 1956 came into force, the properties became her absolute properties under Section 14 (1) that after her death in 1975, that would go to her heirs, viz. , Ponninatha Nainar and his sisters, that Appandai Nainar was not entitled o the same and he had no right or title to sell the same to Saraswathi Ammal and that, consequently, Saraswathi Ammal had no title to the said properties. Accordingly the suit in O. S. No. 14 of 1986 was decreed and O. S. No. 562 of 1989 was dismissed. Aggrieved by the same, Saraswathi Ammal has filed the above second appeals.