CHINNAPPA REDDY Vs. MUNIANJAMMA

JUDGEMENT

(1.) The plaintiffs in OS. No.303 of 1993 are the appellants. The said suit was filed for a declaration of the title of the plaintiffs to the suit properties. According to the plaintiffs the suit properties form part of the ancestral estate of the family of Chinnappa Reddy, who died in or about 1972. The plaintiffs, who are the male heirs and their descendants, would claim that there was no partition in the family and therefore, the 1st defendant who is a widow of Chinnappa Reddy, had no right to execute a Settlement Deed or any other document in respect of the specific items of property. Therefore, according to the plaintiffs, the settlement deed executed by the 1st defendant, widow of Chinnappa Reddy in favour of her daughters is not binding on them. On the above pleadings, the plaintiffs sought for declaration of their title and for permanent injunction.

(2.) The defendants resisted the suit contending that though the properties are the ancestral properties of the family of Chinnappa Reddy, after the death of Chinnappa Reddy, there were certain disputes between the parties and at the intervention of named panchayatars, there was partition in the year 1978 and at the said partition the suit properties were allotted to the mother and the daughters. Mother sought to settle the suit property on the daughters. Therefore, according to the defendants, the deed executed by the mother pursuant to the said partition is valid.

(3.) At trial, the learned District Munsif, Denkanikottai, who tried the suit, framed the following issues: