PONNIAMMAL Vs. PACHIAMMAL ALIAS PAVUNAYAL

JUDGEMENT

(1.) The respondents 1 and 2 filed a suit for declaration of their title to the suit properties and for recovery of possession or in the alternative, for partition and separate possession of their 2/3 share with past and future mesne profits against the defendants 1 and 2, the appellants herein.

(2.) The suit was decreed by the trial Court in favour of the plaintiffs, holding that they are entitled to entire suit properties. Aggrieved by the same, the defendants 1 and 2 filed an appeal before the lower appellate Court, which in turn confirmed the judgment and decree passed by the trial Court. Hence, the second appeal by the appellants/defendants 1 and 2.

(3.) According to the plaintiffs, they being the daughter and wife of Chinna Perumal Gounder respectively, are entitled to have declaration of title to the suit properties, since in 1974, the said Chinna Perumal Gounder died intestate. The defendants 1 and 2, namely, the second wife and her son respectively of the said Chinna Perumal Gounder, filed a suit for permanent injunction against the plaintiffs and the same was decreed by the trial Court, but however, dismissed by the appellate Court which was confirmed by this Court. During the pendency of the said suit, the defendants trespassed into the suit properties and took possession. Since it was already decided in the said suit that the first defendant was not the legally wedded wife of Chinna Perumal Gounder, the defendants would not be entitled to any share. Consequently, the plaintiffs filed the present suit claiming declaration and recovery of possession and in the alternative, they claim 2/3 share in the event of the Court coming to the conclusion that the second defendant was born to Chinna Perumal Gounder through the first defendant.