KISTA GOUNDER Vs. ABHIMANNA GOUNDER

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree in A.S. No. 101 of 1993 dated 25.2.1984 passed by the learned Subordinate Judge, Chengalpattu, confirming the judgment and decree in O.S. No. 45 of 1982 dated 23.9.1983 on the file of the learned District Munsif, Madurantakam.

(2.) The plaintiff is the appellant herein. He filed the suit for declaration of title and permanent injunction.

(3.) The case of the plaintiff is as follows:- The plaintiff's father Thiruvengada Gounder died in April, 1963. Previously, the said Thiruvengada Gounder filed a suit in O.S. No. 228 of 1957 as against his sons claiming that the suit properties are his absolute properties, which were allotted to him in a partition between him and his sons. He also filed a suit for recovery of mesne profits in O.S. No. 352 of 1957. Both the suits were decreed in favour of the said Thiruvengada Gounder. After the death of the said Thinuvengada Gounder, the plaintiffs and other sons alone are his heirs and -hence, they are entitled to the suit properties. The claim of right by the first defendant over the suit properties on the strength of the Will and settlement deed alleged to have been executed by the said Thiruvengada Gounder in favour of the first defendant is not valid. The finding given by the executing court recognising the first defendant as a legal representative of the said Thiruvengada Gounder in execution petition filed by the first defendant to execute the decrees in O.SrNo. 228 of 1957 and O.S. No. 352 of 1957 would not disentitle the plaintiff from claiming title over the suit properties in the exhaustive suits.