MANGAIARKARASI Vs. S MANI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of the learned Additional District Judge (Fast Track Court No.1), Salem dated 24.02.2006 made in O.S.No.201 of 2004.

(2.) THE first and second defendants in the suit are the appellants in this appeal. THE plaintiff in the suit is the first respondent in this appeal. Defendants 3 and 4 in the suit are the respondents 2 and 3 herein. THE original suit was filed by the first respondent herein for a declaration of his absolute title in respect of the suit property and for recovery of possession of the same from the appellants/defendants 1 and 2.

(3.) THE suit was resisted by the appellants/defendants 1 and 2 by filing written statement denying the plaint allegations to the effect that they were licensees and contending that they were tenants in respect of the suit property under Periyathayee paying a monthly rent of Rs.100/- ever since the inception of the tenancy in 1982. THE respondents 2 and 3 / defendants 3 and 4 filed a written statement contending that the suit property was not an absolute property of their mother Periyathayee and on the other hand, the suit property was purchased in her name using the common funds of the family as she happened to be the eldest member of the family. THEy had also contended before the court below that the settlement deed dated 06.09.2001 executed by Periyathayee in favour of the first respondent/plaintiff would not bind them and the same was not enforceable against them.