KANDASAMY AND KOMARASAMY AND OTHERS Vs. VALLIAMMAL, SENGOTTUVELAPPAN, K. PALANIVELU, SOMASUNDARAM AND KUPPAYEEAMMAL AND OTHERS

JUDGEMENT

(1.) The appellants herein are the plaintiffs in O. S. No. 283 of 1996.

(2.) The plaintiffs filed the suit for declaration declaring that the registered settlement deeds dated 20. 01. 1994 executed by the first defendant under registered document Nos. 67, 68 and 69 of 1994 on the file of the Sub-Registrar, Perundurai, are void ab initio and for a permanent injunction restraining the defendants 2 to 5 and their men and agents from interfering with or trespassing into the peaceful possession and enjoyment of the plaint 'A' schedule properties by the plaintiffs. The suit was dismissed by the lower Court. Aggrieved by the same, the plaintiffs filed an appeal before the lower Appellate Court. The lower Appellate Court dismissed the appeal and confirmed the order of the Court below. Hence, the un-successful plaintiffs who lost the case before both the Courts below have filed the second appeal before this Court.

(3.) The plaintiffs are sons of the first defendant. The second defendant/ first respondent is the daughter of the first defendant. The defendants 3 to 5/ respondents 2 to 4 are the sons of the second defendant/ first respondent. The sixth defendant/ fifth respondent is the wife of the first defendant and mother of the plaintiffs and she was impleaded in the suit after the death of the first defendant.