BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2021 CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)Nos.376 & 377 of 2012 In S.A.(MD)No.376 of 2012 Monisa @ Otchammal through her mother, next frind and guardian Kalaiselvi and Guardian and granfather Rasuthevar Katta Karuppanpatti Usilampatti Taluk Madurai District.

(vide order dated 26.08.2021, the appellant was suo motu declared as major and discharged from the guardianship of her mother Kalaiselvi and grandfather Rasuthevar)

... Plaintiff / 1st Respondent / Appellant -Vs-

1.Mayakkal ... 1^st Defendant / Appellant / Respondent

2.Ponnusamy ... 2^nd Defendant / 2^nd Respondent /Respondent PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 30.06.2011 made in A.S.No. 126 of 2006 on the file of the Sub Court (Camp at Usilampatti) reversing the judgment and decree dated 19.01.2006 made in O.S.No.126 of 2002 on the file of the District Munsif cum Judicial Magistrate No.1, Usilampatti.

For Appellant : Mr.P.T.S.Narendravasan For Respondents : Mr.J.Barathan for Mr.J.R.Jeyapalam In S.A.(MD)No.377 of 2012 Monisa @ Otchammal through her mother, next frind and guardian Kalaiselvi and Guardian and granfather Rasuthevar Katta Karuppanpatti Usilampatti Taluk Madurai District.

(vide order dated 26.08.2021, the appellant was suo motu declared as major and discharged from the guardianship of her mother Kalaiselvi and grandfather Rasuthevar)

... Plaintiff / Cross Appellant /

1st Respondent / Appellant -Vs-

Mayakkal ... 1^st Defendant / Respondent /

Appellant / Respondent PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 30.06.2011 made in A.S.No. 126 of 2006 on the file of the Sub Court (Camp at Usilampatti) reversing the judgment and decree dated 19.01.2006 made in O.S.No.126 of 2002 on the file of the District Munsif cum Judicial Magistrate No.1, Usilampatti.

For Appellant : Mr.P.T.S.Narendravasan For Respondents : Mr.J.Barathan for Mr.J.R.Jeyapalam

COMMON JUDGMENT

The plaintiff in O.S.No.126 of 2002 on the file of the District Munsif cum Judicial Magistrate No.1, Usilampatti, is the appellant in both these appeals.

2. The appellant was then a minor. She was represented by two guardians. The prayer in the suit was for passing preliminary decree declaring 1/2 share in “A” schedule and “B” schedule properties in favour of the plaintiff and for recovery of possession of “C” schedule properties from the second defendant Ponnusamy. The first defendant namely Mayakkal is the grandmother of the plaintiff. The second defendant Ponnusamy is her paternal uncle.

3. The case of the plaintiff is that the suit properties belonged to her grandfather Karuppathevar and grandmother Mayakkal. Karuppathevar had two sons namely Periyamayan and Ponnusamy. Periyamayan got married to Kalaiselvi. He passed away on 14.04.2000 leaving behind his wife Kalaiselvi and the plaintiff Monisa as his surviving legal heirs. Karuppathevar executed Ex.A1-settlement deed dated 30.10.2000 appointing Ponnusamy and the maternal grandfather Rasuthevar as guardian for the properties settled in favour of the plaintiff. According to the plaintiff, 1/2 share was settled in her favour in respect of all the three schedules. The plaintiff alleged that the guardian/D2 was acting against her interests. Therefore, the plaintiff had to file the aforesaid suit seeking the relief of partition in respect of “A” and “B” schedule properties and recovery of possession in respect of “C” schedule properties. The defendants filed written statement substantially controverting the plaint averments.

4. Based on the rival pleadings, the trial Court framed the necessary issues. The plaintiff's mother Kalaiselvi examined herself as P.W.1 and one Ponnangan was examined as P.W.2. Ex.A1 to Ex.A5 were marked. The second defendant examined himself as D.W.1. The first defendant was examined as D.W.3. One Sivanandi Thevar was examined as D.W.2.