KESAVAN Vs. JEYAM

JUDGEMENT

(1.) The Second Appeal has been preferred against the judgment and decree passed in A.S.No.6 of 2005 dated 31.7.2006 on the file of the Sub Court of Pudukottai, reversing the decree and judgment of the District Munsif Court, Aranthangi.

(2.) The appellants are the plaintiffs before the trial Court. The plaintiffs have filed a suit in O.S.No.195 of 1994 seeking for the relief of declaration that the suit property belongs to them and consequential relief of permanent injunction restraining the defendants and their men from interfering with the peaceful possession and enjoyment of the suit property of the plaintiff.

(3.) The brief facts of the case of the plaintiffs is that the suit property exclusive belongs to the plaintiff by way of a Sale Deed and especially in item No.11, the plaintiff has constructed a house and the property is also located in Patta No.38, for which, the plaintiff is also paying kist in his name. Originally the suit properties were looked after by the sister of the plaintiff's husband one Saroja and after the death of the said Saroja, the plaintiff's son-in-law one Chidambaram was maintaining the suit property. It is the case of the plaintiff that the said Sivasami who is the husband of the plaintiff executed a settlement deed with regard to properties at item 1 to 11 on 8.11.1991. In fact, the suit properties were given to the said Sivasami Devar by the plaintiff viz., Ammakannu herself by way of a Settlement Deed dated 1.12.1988. Hence, it is the case of the plaintiff that the Settlement Deed executed by Sivasami Devar on 8.11.1991 in favour of the 1defendant is much fraudulent one.