ARULAPPAN Vs. SALAMAN ROYAR

JUDGEMENT

(1.) An ability of the human mind to contrive difficulty for its existence and compromise on the peace that they are entitled to, is demonstrated in this case.

(2.) A block of agricultural land measuring 28 acres described in the two schedules in the plaint belonged to Arulappa Padayachi. There is no dispute. He had three daughters and a son, of whom, this Court is now concerned with two characters: His only son Rayappan and one of the daughters Agnisammal. Rayappan had two sons, namely Selvarayar and Singarayar. Agnisammal had a daughter Ulaganayagi. Singarayar is referred to now has married his niece, Ulaganayagi, through whom the plaintiffs were born.

(3.) The suit property was under a possessory mortgage of the year 1935 to one Namasivaya Mudaliar, who had assigned it in favour of Agnisammal. In these circumstances, Selvarayar, the elder son of Rayappan had laid a suit for redemption in O.S.No.970/1972 before the District Munsif Court, Ariyalur. This suit was decreed on 30.04.1972. Challenging the said decree, the assignee cum mortgagee and aunt of Selvarayar, Agnisammal had preferred an Appeal in A.S.No.609 of 1974 before the Sub Court, Trichy. The First Appellate Court set aside the decree of the trial Court and remanded the matter back to the trial Court with a direction to the plaintiff to amend the plaint and to seek partition of the property as well. This was done, whereupon on 10.08.1977, the trial Court decreed the suit yet again. In the preliminary decree for partition, the trial Court had granted Selvarayar 5/8 share and the three daughters of Arulappa Padayachi were given 1/8 share.