JUDGMENT

The present Second Appeal arises out of the judgment and decree, dated 30.06.2011, passed by the Court of the Principal Subordinate Judge at Tiruppur in A.S.No.14 of 2009 in reversing the judgment and decree of the Court of the District Munsif–cum–Judicial Magistrate at Palladam in O.S.No.235 of 2006 dated 29.01.2009. The 1st appellant before me is the plaintiff in the suit in O.S.No.235 of 2006.

2. For the sake of convenience, the parties will be referred to as per their rank in the suit.

3. One Vellapa Gounder married one Palaniammal. From the wedlock, three daughters and one son were born. The daughters are Kanniyammal, Chinnammal, Marathal and the son is one Marappan. The plaintiff/Marathal is the youngest of three sisters. For easy understanding, the genealogy chart is extracted hereunder :

4. Palaniammal purchased Item I of the suit schedule mentioned property on 12.05.1946. Item II of the suit schedule mentioned property was purchased by her on 31.07.1947. Both the purchases were made after the death of her husband/Vellappa Gounder on 24.03.1944. There is no dispute that she was the absolute owner of the property.

5. Accepting the relationship between the parties, the pl