R GOVINDASAMY DIED Vs. KASTHURI AMMAL

JUDGEMENT

(1.) Plaintiff is the appellant in the above second appeal. The suit was for declaration and permanent injunction.

(2.) The suit property which originally belonged to Mottaiya Gounder was settled in favour of his wife Thanjammal on 8-8-1972. After the settlement, Thanjammal was in possession and enjoyment of the suit properties. She filed a suit for declaration and injunction against the respondents 1, 2 and 4 and obtained a decree on 4-11-1976. On 30-5-1979, the plaintiff purchased the property from Thanjammal. Since the defendants interfered with the possession of the plaintiff, he has filed the suit.

(3.) The first defendant filed a written statement, which was adopted by the defendants 2 and 3. According to them, there was no settlement by Mottaiya Gounder. Thanjammal never enjoyed the suit properties. The third item measuring 3.67 acres was purchased by Ramasamy Gounder on 22-12-1924 with his own funds. After Ramasamy's death, his son Munusamy and his wife enjoyed it. Mottaiya Gounder has no connection with the suit property. The defendants have prescribed title by adverse possession. It was also contended that Mottaiya Gounder and Ramasamy Gounder were brothers and they form a joint family and the properties belonged to them. Therefore, the settlement by Mottaiya Gounder in favour of Thanjammal was not valid.