LAKSHMI Vs. K SELVARAJ

JUDGEMENT

(1.) The defendants 2 to 7 in O.S.No.915 of 1996 on the file of the Principal District Munsif Court, Thiruvannamalai are the appellants. The said suit was filed by the respondents/plaintiffs herein seeking declaration of their title to the suit property, for delivery of possession and for mesne profits from the date of plaint till the date of delivery of possession and for costs of this suit.

(2.) According to the plaintiffs, the suit property originally belong to the joint family of one Arumuga Udayar. The said Arumuga Udayar had two brothers namely Anaikutti Udayar and Abbu Vediyappa Udayar. It is claimed that the said Arumuga Udayar had two wives. He had married one Amirthammal as his second wife, after his first wife had died. Later on, the second wife Amirthammal died on 26.11.1993. The said Arumuga Udayar had no issues and Abbu Vediyappa Udayar had only daughters. The plaintiffs are the grand sons of Anaikutti Udayar through his only son Kannan Udayar.

(3.) It is the further case of the plaintiffs that Arumuga Udayar, before his marriage with Amirthammal, had executed a settlement deed dated 05.08.1922 settling the suit properties in favour of Amirthammal granting her a life estate and on her death, the suit properties were to devolve among his son through the first wife and the male issues of Arumuga Udayar and Amirthammal, if any. The plaintiffs would contend that the said settlement deed of the year 1922, being a gift of ancestral property by a coparcener, will not confer any title of Amirthammal.