K. SHANMUGAM Vs. YASODHA

JUDGEMENT

(1.) The defendants 1, 7 and 8 are the appellants in this Second Appeal.

(2.) The 1st and 2nd respondents/plaintiff filed a suit seeking for the relief of recovery of possession with respect to the 'A' schedule property from the 1st defendant and for the relief of partition with respect to 'B' schedule property and for allotment of 1/4th share to each of the plaintiff. The case of the plaintiff is that one K. Shanmugam(1st defendant) was the absolute owner of the suit properties. Rajammal is his first wife and Kripasankari is the second wife (4th defendant). Three sons were born out of the first wife and they are, the deceased plaintiff Jayaraman, the 2nd defendant and the 3rd defendant respectively. The 1st defendant had four children through his second wife and they are, defendants 5 to 8. Jayaraman died and his wife and daughter have been substituted in his place as the plaintiff. The children of the 2nd defendant who also died during the pendency of the proceedings have been impleaded as D9 to D11.

(3.) It is stated in the plaint that the 1st defendant executed a registered Settlement Deed dtd. 19/9/1966, marked as Ex.B-1 in favour of the mother of the plaintiff and in favour of the original plaintiff Jayaraman and the 2nd defendant. As per the Settlement Deed, the mother was given the right to enjoy the 'A' schedule property without any power of alienation and after her lifetime, it will vest absolutely in favour of the original plaintiff Jayaraman and the 2nd defendant.