KOKILA Vs. SECRETARY CO-OPERATIVE AGRICULTURAL BANK

JUDGEMENT

(1.) The appellants in this second appeal are plaintiffs in O.S.No.270 of 1986 on the file of the District Munsif, Thiruvallur and the respondents in A.S.No.33 of 1999 on the file of the Subordinate Judge, Thiruvallur. During the pendency of the second appeal, the third appellant died and his legal heirs have been impleaded as appellants 4 to 8.

(2.) One Mr.K.Thirunavukkarasu, Mrs.Ellammal and appellants 1 to 3/ plaintiffs 3 to 5 filed O.S.No.270 of 1986 for declaration of their title to the suit properties and for a permanent injunction restraining the respondent/defendant from interfering with their peaceful possession ane enjoyment over the suit property.

(3.) The case of the appellants/plaintiffs is briefly as follows. The suit properties measuring 12 cents of Vengal Village (Old Pymosh No.901/1), Thiruvallur Taluk, originally belonged to one Veerasamy Mudaliar. The said Veerasamy Mudaliar and his brother's wife Unnamalai Ammal and Others executed a settlement deed dated 27.04.19842 (Ex.A1) in respect of the suit properties in favour of Kumarasamy Mudaliar and Others. Subsequently, Kumarasamy Mudaliar and his wife executed a Will dated 29.12.1972 (Ex.A2) in favour of the first plaintiff Thirunavukkarasu (since deceased).