G PACHAIAPPAN Vs. R RAMAMOORTHY

JUDGEMENT

(1.) PLAINTIFF in O.S.No.7 of 1976 on the file of the District Munsif, Tiruvallur, is the appellant. The suit filed by him was to declare his title of the plaint schedule property and to restrain the defendants and their men and agents from interfering with his possession and also for costs of the suit.

(2.) PLAINTIFF has based his case on a registered settlement deed executed by one Ellammal, his mother under Ex.A-1 dated 17.6.1975. According to him, Ellammal was the absolute owner of the property having purchased the same under Ex.A-2 dated 30.3.1932. After the said purchase Ellammal was dealing with the property as the absolute owner till she executed a settlement deed Ex.A-1. After the settlement deed the plaintiff has become the owner and the defendants are interfering with his possession. Second defendant is none other than his elder brother.

(3.) ON issue No.3, the trial court held that the property belongs to the plaintiff the defendants and their father.