IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 20.08.2025

Pronounced on 14.11.2025

CORAM

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

S.A.No.155 of 2020 Govindasamy (died)

1. Gowrammal

2. Annadurai 3. Paanchalai

4. Manickavasagam ...Appellants

Vs.

1. Deivam @ Theerthagiri

2. Samikannu

3. Vijayalakshmi

4. Manjula

5. Rajathi ...Respondents

Prayer : Second Appeal filed under Section 100 CPC, 1908 against the judgment and decree dated 25.07.2019 passed in A.S. No.88 of 2017, on the file of the Principal District Court, Krishnagiri, reversing the Judgment and decree dated 08.08.2017 passed in O.S.No.88 of 2014, on the file of

the Subordinate Court, Uthangarai.

For Appellants : Ms. Chenthoori Pugazendhi for Mr. K. Balu For Respondents : Mr. S. Thangavel.

JUDGMENT

In this Second Appeal, challenge is made to the judgment and decree dated 25.07.2019 passed in A.S. No.88 of 2017, on the file of the Principal District Court, Krishnagiri, reversing the Judgment and decree dated 08.08.2017 passed in O.S.No.88 of 2014, on the file of the Subordinate Court, Uthangarai.

2. The appellants are the defendants 2 to 5 in O.S. No.88 of 2014, on the file of the Subordinate Court, Uthangarai. The respondents 1 and 2 as plaintiffs has filed the above suit for declaration of plaintiffs title over the 2nd item of the suit properties and for granting permanent injunction against the defendants from in any way trespassing into the suit property and from in any way disturbing the plaintiffs' peaceful possession and enjoyment and for declaring the gift deed dated 13.01.2012 which was executed by the deceased 1^st defendant in favour of the defendants 2 to 5 as null and void and for granting permanent injunction as against the defendants from restraining them from, in any way alienating or encumbering the 2nd item of the suit properties in favour of any third parties and for costs.

3. For the sake of convenience, the parties are referred to as per their ranking in the trial court.

4. The case of the plaintiffs is that, the plaintiffs are the sons of the

1^st defendant through his first wife Rajammal @ Chellammal. The 2^nd defendant is the concubine of the 1^st defendant and the defendants 3 and 5 are the sons and the 4^th defendant is the daughter of the 1^st defendant through the 2^nd defendant. The 1^st item of the suit properties are the ancestral properties of the plaintiffs. The grand parents of the plaintiffs namely Chinnasasmy and Periya Govindammal had a son by name, Govindasamy, the 1^st defendant herein and a daughter namely Alamelu. After the demise of Chinnasasmy and Periya Govindammal, the 1^st defendant took possession of the suit properties and other ancestral properties. The 1^st defendant along with the plaintiffs constituted a joint family. When the plaintiffs were minors, the 1^st defendant sold away the ancestral properties through sale deeds dated 20.08.1980, 21.10.1982 and 24.01.1986 to one Kaveri and Chinnasamy respectively. The above properties are shown as the first item of the schedule of properties in the present suit. The 1^st defendant had sold away 7.45 acres of land in total. Out of the income derived from the above properties and from the sale proceeds, he purchased the 2^nd item of the suit properties in his name. Hence, the 2^nd item of properties are also ancestral properties of the joint family, though it stands in the name of the 1^st defendant. While so, the 1^st defendant developed illicit intimacy with the 2^nd defendant and had four children, who are the defendants 3 to 5 in the above suit. Due to strained relationship with the 1^st defendant, the plaintiffs demanded for their shares in the 2^nd item of the suit properties through a registered partition deed. On 23.02.1987, a panchayat was convened before the village elders and a partition muchalika was written in which the 1^st defendant and Periya Govindammal along with the plaintiffs have subscribed their signatures. As per the above partition muchalika, the 1^st defendant and the plaintif