CHINNAPILLAI AMMAL Vs. ARUMUGA GOUNDER

JUDGEMENT

(1.) THIS second appeal is preferred against the Judgment and Decree in A.S.No.99/1989, reversing the Judgment in O.S.No.2143/1979 dismissing the plaintiff's suit for declaration and Permanent Injunction in respect of 'A' Schedule Property and partition in respect of 'B' Schedule Property. Unfortunate mother of one Pichaikaran whose whereabouts are allegedly not known, is the appellant.

(2.) APPELLANT's son Pichaikaran is presumably dead since his whereabouts are not known for quite a long time. The parties are related as under:- Irusa Gounder =Marimuthammal

(3.) ON the above pleadings, relevant issues were framed. Upon consideration of oral and documentary evidence, the trial Court held that for quite some time, whereabouts of Pichaikaran are not known and therefore, Pichaikaran must be presumed to be dead. Trial Court further held that after the death of Pichaikaran, being class I Heir, properties would belong to plaintiff. The trial Court further held that mother of Annamalai Gounder and other Defendants have no manner of right to execute Ex.B-2 Sale Deed in favour of 5th Defendant. Referring to the facts and circumstances of the case, the trial Court further held that Ex.B-2 Sale Deed was created to defeat the right of plaintiff under Ex.A-4 Sale Deed.