A. PADMAVATHI Vs. R. MAHENDIRAN

JUDGEMENT

(1.) The plaintiff in O.S. No. 7 of 2004 on the file of the District Munsif cum Judicial Magistrate Court, Uthangarai, is the appellant herein.

(2.) The plaintiff A. Padmavathi had filed O.S. No. 7 of 2004 seeking the relief of declaration of title and recovery of possession with respect to two items of properties which were primarily vacant agricultural lands. She had filed the suit against her two younger brothers R. Mahendiran and R. Gajendran @ Settu and also against her mother R. Yasoda Ammal. By Judgment dated 10.04.2012, the suit was decreed. The defendants thereafter filed A.S. No. 25 of 2014 before the Sub Court, Uthangari. The third defendant R. Yasoda Ammal died pending the appeal. By Judgment dated 26.11.2014, A.S. No. 25 of 2014 was allowed and the Judgment and Decree in O.S. No. 7 of 2004 was set aside. Aggrieved by that Judgment, the plaintiff had filed the present Second Appeal.

(3.) The Second Appeal had been admitted on the following three substantial questions of law:-