MURUGESAN Vs. TULASI

JUDGEMENT

(1.) The second defendant is the appellant herein in a suit for declaration and permanent injunction filed by the plaintiff.

(2.) The case of the plaintiff is as follows :

(3.) Resisting the suit, the appellant / second defendant filed the written statement stating that one Periyan had two sons namely, Arunachalam and Mookan. After the death of the said Periyan, Arunachalam and Mookan partitioned the suit properties equally. The said Arunachlam's wife Thulasi was in possession of his share and after her death, her daughters Periyammal, Angammal and Virudhambal - Defendants' mother got specific shares as per oral arrangements made by their mother-Thulasi. It is the case of the appellant/second defendant that the said Periyammal sold her share to the defendants' mother-Angammal. Thus, the said Angammal got two shares. The said share was settled in favour of the second defendant on 25.06.2003. After the said settlement, the second defendant put up a tiled house and has been in possession of the suit property. Hence, the plaintiff does not have any right over the same and the second defendant sought for dismissal of the suit.