HIGH COURT OF MADRAS
Honourable Mr Justice P.B. BALAJI
PERIYATHAL(died) – Appellant
Versus
VADIVEL – Respondent
COMMON JUDGMENT
These two Second Appeals as well as Cross Objections arise out of O.S. No.1 of 2003 filed by one Periyathal, seeking a declaration that she is absolutely entitled to the suit property and for a consequential permanent injunction to restrain the defendants from interfering with her peaceful possession and enjoyment.
2. The parties are described as per their litigative status before the Trial Court.
3. The plaintiff, Periyathal is the wife of one Velusamy, who was the son of one Arappa Gounder. Velusamy, died on 10.09.2000 and his father Arappa Gounder, died on 17.02.2002. The second defendant is the sister of the husband of the plaintiff and the first defendant is her son. The third defendant is the husband of the second defendant, and another son of the second and third defendants is the 4th defendant. Admittedly, Arappa Gounder had only one son by name, Velusmay, who is the husband of the plaintiff, Periyathal. He had two daughters besides the son Velusamy viz., Vanjathal and Ponnathal.
4. It is the case of the plaintiff that she became entitled to the suit properties under two documents viz., settlement deed executed and registered by her husband on 19.04.1979 and a s
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