AMIRTHAMMAL Vs. KARUNESA MUDALIAR

JUDGEMENT

(1.) (Second appeal against the judgment and decree dated 23.01.1986 made in A.S.No.42 of 1985 on the file of Subordinate Judge, Arni reversing the judgment and decree dated 29.06.1984 made in O.S.No.6 of 1982 on the file of District Munsif, Cheyyar.) The plaintiff in the suit is the appellant. The suit filed by her for a declaration and permanent injunction against the respondents in respect of seven items of Nanja land situated at Perungudi Village, Cheyyar Taluk, Thiruvathipuram District at North Arcot District, was decreed by the trial Court. However, the first appellate Court dismissed the suit, by allowing the appeal in A.S.No.42 of 1985 filed at the instance of defendants 1 to 3. It is as against the said judgment of the first appellate Court, the present second appeal is filed.

(2.) WHILE admitting the second appeal, the following substantial questions of law were framed for consideration:-

(3.) THE case of the appellant, who was the plaintiff in the suit was that admittedly, the suit property was purchased in the name of her mother Chinnammal by a sale deed dated 20.07.1944, the registration copy of which was filed on behalf of the plaintiff as Ex.A.1, while the defendants have filed the original of Ex.A.1, which was marked as Ex.B.2. It is the case of the plaintiff that Chinnammal, who was originally married to the plaintiff's father Thulukkanam, had subsequently lived with one Sriraman, after the death of Thulukkanam and through him, the third and fourth defendants were born to Chinnammal in 1936 and 1939 respectively and the said Sriraman also died in 1941. After the death of the said Sriraman, since the third and fourth defendants have deserted their mother, she had lived with the plaintiff and from and out of her savings, the suit properties were purchased by the plaintiff, however in the name of her mother Chinnammal as benami. THE further case of the plaintiff is that at the time of purchasing the suit properties, the plaintiff's husband Gopal was working as a Carpenter in Simpson and Limited and hence, she had sufficient income to purchase the suit properties.