IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.09.2025 CORAM:

THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI and CMP.No.185 of 2023

1.Mageswari

2.Mahalakshmi 3.Jagadeswari 4.Vijayalaksmi

5.Dhanalakshmi .. Appellants/Plaintiffs vs.

1.Palanivel

2.Vijaya Praba

3.Senthil 4.Shanthi Kandasamy alias Kanthavel(died) 5.Jayarani alias Unnamalai ( died)

6.Mohana

7.Siranjeevi (Memo dt.17.06.2025 recorded.

R5 died, RR6 to 8 already on record are recorded as legal heirs of the deceased R5 vide Court order dated

19.06.2025 made in S.A.No.7/2023 & CMP.No.185/2023)

8.Sivakumar .. Respondents/Defendants PRAYER: This Second Appeal is filed under Section 100 of C.P.C., to set aside the judgment and decree passed in A.S.No.2 of 2018 dated 26.11.2019 on the file of the Subordinate Court, Uthangarai, reversing the judgment and decree in O.S.No.97 of 2009 dated 31.07.2017 on the file of the District Munsif cum Judicial Magistrate, Uthangarai.

For Appellants : Mr.S.P.Vishnu Prasath for M/s.V.Nicholas For R1 to R4 & R6 to R8 : Mr.C.Mariappan

JUDGMENT

Aggrieved by the reversal findings made in A.S.No.2 of 2018 dated

26.11.2019 by the Subordinate Court, Uthangarai, the plaintiffs have preferred this appeal.

2. Parties are indicated herein as per their litigative status and ranking before the Trial Court.

3. According to the plaintiffs, plaintiffs 1 to 5 are the sisters, Originally, the suit properties belonged to Muruga Gounder, who is the paternal grandfather of the plaintiffs. His wife is Akkammal. They had one daughter Meenakshiammal, who is the mother of the plaintiffs herein. Muruga Gounder had illicit intimacy with one Kannammal w/o.Ramanathan, resident of Aananthur. Defendants 1 and 5 are the children born to Muruga Gounder through the said Kannammal. Muruga Gounder had given some properties to the said Kannammal and defendant Nos.1 to 5 and they are in possession and enjoyment of the suit properties.

3.1. Muruga Gounder had illicit intimacy with one Muniammal, wife of Nanjan of Puliyampatti village. They had a son by name Sivaprakasam through the said Muniammal. Muniammal was also given some properties by Muruga Gounder. Muruga Gounder was a wealthy person and had illicit intimacy with several women. As per the advise of the village elders, Muruga Gounder gave the suit properties to Akkammal and his daughter Meenakshi through an oral partition in the year 1984. Akkammal and Meenakshi had been in possession and enjoyment of the said properties. Soon after the partition, Muruga Gounder died. Akkammal died in the year 1985. After the demise of Akkammal, the only legal heir Meenakshiammal, succeeded the estate and being in enjoyment of the suit schedule properties. Patta was also mutated in the name of Meenakshiammal. In the course of such enjoyment, on 20.01.2006, Meenakshiammal executed a gift deed in favour of the plaintiffs and handed over the possession of the suit properties to the plaintiffs herein. Since then, the plaintiffs have been in possession and enjoyment of the suit schedule properties.

3.2. Defendants No.1 and 5 are the brothers. The second defendant is the wife of the first defendant. The third defendant is the daughter of defendant Nos 1 & 2. The fourth defendant is a third party.

The sixth defendant is the wife of 5th defendant, namely Kandasamy @ Kandavel. The seventh defendant is the daughter of defendant Nos.5 & 6. The defendants’ own properties nearer to the suit properties. The plaintiffs are females and the defendants have residing away from the suit properties. As the plaintiffs refused to sell the suit properties to the defendants, they started to give troubles to the plaintiffs. Hence, the plaintiffs caused to issue notice on 20-12-2008, calling upon the defendants from any way in interfering with their peaceful possession and enjoyment of the suit property. Subsequently, the 5th defendant alone issued a reply notice with false contents on 29-12-2008. Hence the suit for declaration of title and for permanent injunction.

4. Per contra, defend