DHARMALINGA CHETTY Vs. MATHURAMBAL

JUDGEMENT

(1.) DEFENDANTS 1 and 3 to 5 in O.S.No.230 of 1977 on the file of the District Munsif of Vellore, have filed this second appeal challenging the legality and correctness of the Judgment and decree of the Subordinate Judge, Vellore in A.S.No.157 of 1978.

(2.) THE facts of the case are briefly as follows: �THE first respondent in the second appeal, viz., the plaintiff in O.S.No.230 of 1977 and the 2nd respondent herein are the daughter and son of the first appellant herein, Dharmalinga Chetty through his first wife Meenakshi who thed on 27.1.1944. Appellants 3 and 4 are the defendants 4 and 5 in the suit. Defendants 4 and 5, are the sons of Dharmalinga Chetty (1st appellant) through his second wife, Rajammal who figures as second appellant herein. THE relationship of the parties may be set out in the following genealogy.

(3.) THE second respondent in this appeal-2nd defendant in the suit, filed a written statement stating that his mother purchased the suit property with her own funds, that she was in enjoyment of the suit property till her death and that as such under Hindu Law the first respondent is entitled to succeed to the property. THE second respondent has supported the case of the first respondent.