CHELLAYYAN NADAR RAJAN Vs. KELAN NADAR NARAYANAN

JUDGEMENT

(1.) THE plaintiff, who was non-suited by the lower appellate court is the appellant.

(2.) THE facts absolutely essential for the disposal of this appeal are as follows: THE plaintiff married Mary Syamala on 14.9.1987 as per the Christian rites in R.C.Church, Valiyavila. THE first defendant is the father of said Mary Syamala and defendants 2 and 3 are her brothers. Two children were born to the couple in the wedlock. Unfortunately on 3.12.1990 Mary Syamala and the children committed suicide. According to the plaintiff, plaint A schedule item No.1 was purchased by the plaintiff utilizing his funds as per Ext.A1 dated 24.12.1987 though it contains the name of Mary Syamala also. It is asserted that she had no manner of right in the property. As far as item No.2 is concerned, it belonged to Mary Syamala as per Ext.A2 dated 21.7.1987, a settlement deed executed by the first defendant in favour of the late wife of the plaintiff. Alleging that the defendants have trespassed into the property, a suit for declaration of title and possession so also partition was laid.

(3.) THE trial court on an evaluation of the evidence came to the conclusion that A schedule was the joint acquisition of Mary Syamala and the plaintiff. It also came to the conclusion that Mary Syamala had converted into Christianity. As regards plaint A schedule item No.2 was concerned, the trial court came to the conclusion that the gift had not taken effect and therefore the first defendant continued to be the owner of the property. On the basis of the above findings, a decree was passed in the following terms: