ELUMALAI Vs. ASHOKAN

JUDGEMENT

(1.) The defendant in O.S.No.332 of 2009 has come up with this appeal, aggrieved by the judgment of the lower appellate Court in A.S.No.1 of 2013, in and by which the lower appellate Court reversed the judgment of the trial Court in O.S.No.332 of 2009 and granted a decree for declaration of title and permanent injunction in favour of the plaintiff/respondent.

(2.) According to the plaintiff/respondent, the suit properties belonged to his paternal grandfather namely Munusamy Gounder by virtue of the sale deed dated 22.03.1990. By a registered instrument of settlement deed dated 19.03.2008, the said Munusamy Gounder had settled the suit properties on the plaintiff and from the date of the said settlement, the plaintiff is in possession of the property as absolute owner. Since the defendant who is his paternal uncle attempted to interfere with his peaceful possession of the property, the plaintiff has come up with the above suit.

(3.) The suit was resisted by the defendant contending that the settlement deed is not true and valid. It was the further claimed that the suit properties are the properties of ancestral joint family consisting the defendant himself, Munusamy Gounder, the plaintiff's father and Muniyammal, daughter of the Munusamy Gounder. He would further contend that Munusamy Gounder and his children namely the defendant, father of the plaintiff Pachiyappan and Muniammal, the daughter of Munusamy Gounder together sold the ancestral property on 06.01.1990 for a consideration of Rs.7,500/- and that consideration along with the monies contributed out of the joint family income formed nucleus for purchase of the suit properties. Therefore, according to the defendant, the suit properties are ancestral properties and Munusamy Gounder had no independent right to settle the suit properties on the plaintiff. On the above contentions, the defendant sought for dismissal of the suit.