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THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
Rathinapangi [died] – Appellant
Versus
Velmurugan – Respondent
JUDGMENT :
N. Sathish Kumar, J.
Aggrieved over the decree and judgment of the trial Court dismissing the suit filed for declaration and for partition, the present appeal has been filed by the unsuccessful plaintiffs.
2. The parties are arrayed as per their own ranking before the trial Court.
3. Chinnadurai Samuttiar was the husband of the first plaintiff and they had three sons and a daughter. The second plaintiff and the first defendant are their sons and the third plaintiff is their daughter. Their eldest son Dhanaraj died and the fourth plaintiff is the wife of the said Dhanraj. The property originally belonged to one Parasurama Padayachi. He has settled the properties in favour Sellapangi, who was then minor, by a registered settlement deed dated 07.05.1965. In the said settlement, life estate was reserved to Sellapangi on the said Parasurama Padayachi marrying her and vested remainder to the male children to be born to the settlor and settlee. The said Sellapangi along with her minor son Rajendran sold the suit properties by virtue of a sale deed dated 13.06.1976 to Chinnadurai Samuttiar. The said Chinnadurai Samuttiar died leaving behind the plaintiffs and the first defendant and
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