HABIBUNNISA BEEVI Vs. PERUMAL

JUDGEMENT

(1.) THE unsuccessful plaintiff in O. S. No. 149 of 1999 on the file of the District Munsif Court, Parangipettai, who lost the first appeal in A. S. No. 50 of 2006 on the file of the Subordinate Judge, Chidambaram has filed the above second appeal.

(2.) FOR the sake of convenience, the parties are referred to as per their ranking in the suit.

(3.) THE case of the plaintiffs in brief is as follows : the plaintiffs 1 and 2 are sisters. The third plaintiff is the husband of the second plaintiff. The entire extent of 5. 06 acres in the first item of the suit property belongs to the plaintiffs. The suit properties totally measuring an extent of 5. 28 acres are situated in two different survey numbers. The defendant is the recorded cultivating tenant of the suit properties under the plaintiffs. It is the case of the plaintiffs that on 9. 5. 1992, there was a panchayat. The husband of the first plaintiff participated in the Panchayat on behalf of the first plaintiff; the defendant also participated in the Panchayat; in the Panchayat it was decided that the first plaintiff should give Rs. 27,500/- before 15. 6. 1992, that out of 5. 28 acres, the defendants should take one acre as bonus and the defendant agreed to surrender possession of the suit properties i. e. an extent of 4. 28 acres to the first plaintiff, the agreement was reduced into writing and the same was signed by the husband of the first plaintiff and the defendant and Panchayatars attested the same. It is the further case of the plaintiff that on 10. 5. 1992, the defendant received a sum of Rs. 500/- and in acknowledgment of the same, affixed his signature; On 17. 6. 1992, the defendant received a further sum of Rs. 200/- and in acknowledgment of the same, affixed his signature and further agreed to surrender and give possession of 4. 28 acres and again on 29. 6. 1992 another sum of Rs. 200/- was paid to the defendant and the defendant made an endorsement acknowledging the same. In paragraph 3 of the plaint, it is stated as follows: