DHANALAKSHMI AMMAL (DECEASED) Vs. VARADARAJAN

JUDGEMENT

(1.) The legal heirs of the plaintiff is the appellants before this Court. Suit filed for declaration and permanent injunction was allowed by the trial Court and the same was reversed by the first appellate Court, resulting in dismissal of the suit. Aggrieved by the judgment of the first appellate Court, the present Second Appeal is preferred. Pending appeal, the plaintiff/1st appellant died. Therefore, her legal heirs were brought on record.

(2.) For the sake of convenience, the parties are described as per their rank and status shown the original suit.

(3.) The brief facts leading to the second appeal are as under:- The suit property is situated at Survey No.200/5 measuring to an extent of 42 cents at Vilangalpattu village, Cuddalore Taluk. It is admitted by both the parties that one Kuppusamy Padaiyachi was the owner of the property. He, on 21.01964, settled the property in favour of his minor son Veerappan appointing his wife Vedavalli Ammal as his guardian. On 16.05.1968, Vedavalli Ammal sold the minor's property on behalf the minor to one Narayanasamy, who is the father of the plaintiff.