M M SHANMUGASUNDARAM Vs. BALASUBRAMANIAN

JUDGEMENT

(1.) (Prayer: This appeal suit is preferred against the decree and judgment dated 24.01.1992 and made in O.S.No.151 of 1986 on the file of the Subordinate Judge, Poonamallee.) The plaintiffs in the trial court are the appellants and they have filed a suit in O.S.No.151 of 1986 for declaration of their title in respect of B schedule property which is the southern moity of 'A' Schedule, Ramanujamkoodam Street, Ponnamallee Village bounded on the North Shanmugasundaram house and west by street, with linear measurements of 19' Northsouth and 200' Eastwest, comprised in Survey No.115/74. The A schedule property measuring 38' Northsouth and 200' Eastwest. The said suit is also filed for delivery of possession of B schedule property and for the past mesne profits apart from the claim of future mesne profit.

(2.) THE admitted fact is that the suit property originally belonged to Masilamani mudaliar whose first wife was Meenakshiammal through whom was born the only daughter namely Visalakshi ammal @ Saraswathi who died in the year 1965 and her two sons namely Sabapathy and Murugesan also died in the year 1975 and 1972 respectively and the plaintiffs are the legal heirs of the said Murugesan.

(3.) ON the other hand, it was the defendants case that the said Saraswathi ammal younger wife of Masilamani Mudaliar was the absolute owner of the B Schedule property and as absolute owner she has also sold the northern