A GANESAN Vs. PALANIYAPPA GOUNDER

JUDGEMENT

(1.) THE defendants are the appellants in this second appeal.

(2.) THE plaintiff filed the suit for declaration of title and for permanent injunction. According to the plaintiffs, the suit properties have been purchased by the first plaintiff's father from Arya Gounder and from his minor son, the first defendant, represented by his father Arya Gounder as guardian on 18.9.1946 under Ex.A.1 sale deed for a valuable consideration and since then they have been in continuous possession and enjoyment. THE patta, chitta adangal are standing in the name of the plaintiffs. Since the defendants interfere with the peaceful possession and enjoyment of the plaintiffs, they have filed the suit for the reliefs prayed for.

(3.) THE following substantial questions of law were framed at the time of admission of the Second Appeal:-"(i) Whether the right created in pursuance of the Deed of Settlement can be nullified without setting aside the same under due process of law?(ii) Whether limited estate under Ex.B.1 given to the second defendant which has been enlarged under Section 14 of the Hindu Succession Act, 1956 can be taken away by the said law who especially when the said law does not have any right to deal with the property already settled?".