VALLIAMMAI Vs. PALANI PILLAI

JUDGEMENT

(1.) This second appeal is filed against the judgment and decree of the Additional District Judge (Fast Track Court No. I) Tindivanam in A.S. No. 79 of 2002 dated 18.10.2002, reversing the judgment and decree of the learned Principal District Munsif, Tindivanam in O.S. No. 137 of 1994 dated 28.8.1998.

(2.) The averments contained in the Plaint are as follows:

(3.) The gist and essence of the written statement filed by the defendants are as follows: (i) The suit property is belonging to Chinnakulandai Ammal. Rangasamy Pillai is having three daughters. The property has been purchased by Rangasamy Pillai in the name of his minor daughter Chinnakulandai Ammal for the benefit her marriage since she was physically challenged is hereby denied. The marriage between the plaintiff and Chinnakulandai Ammal has been performed 21 years before the Suit. The averment that the plaintiff has married Chinnakulandai Ammal based on the undertaking given by her parent Rangasamy Pillai and Ponnammal that they have given 1/3rd share of the property belonging to them apart from the suit property is denied. The suit property has been purchased out of the income of Rangasamy Pillai. (ii) During the life time of Chinnakulandai ammal, she has not claimed any right over the property and she was in possession and enjoyment of the property. The property was purchased by Rangasamy Pillai and he was in possession and enjoyment of the same. Then, he executed a settlement deed in favour of the defendants from the date of settlement deed and they are in possession and enjoyment of the same. Chinnakulandai Ammal was left out by the plaintiff after her marriage. Only to grab the property, the plaintiff has filed the Suit. Chinnakulandai Ammal during her life time never claimed any right over the property and she was not in possession and enjoyment of the same. The Suit is for nonjoinder of necessary party. Hence, the defendants are prayed for dismissal of the Suit.