V SESHAMMAL Vs. ANDAL AMMAL

JUDGEMENT

(1.) THE case is listed for admission. Defendants 2 to 13 are the appellants herein. THE second appeal has been preferred against the judgment and decree, dated 8.11.1999 passed in A.S.No.62 of 1999 on the file of learned Principal District Judge Court, Virudhunagar at Srivilliputtur confirming the judgment and decree passed in O.S.No.503 of 1983 on the file of the Additional District Munsif, Srivilliputtur, dated 29.7.1999.

(2.) THE short facts are: THE respondent/plaintiff instituted the suit for declaration of her title to the plaint schedule property and for recovery of possession on the ground that she became the owner of the property by virtue of the settlement deed executed by her husband, which is marked as Ex.A-8. According to her, the first defendant, who is a close relative, was allowed to be in permissive occupation of the property and since he had questioned her title, it became necessary for her to institute the suit for declaration and for recovery of possession. THE first defendant, since deceased, resisted the suit stating that the plaintiff is only ostensible owner of the property and the property has been purchased by him with his own funds in the name of the husband of the plaintiff, who is his brother-in-law, and therefore the plaintiff is not entitled to any of the reliefs claimed by her and she has to be non suited. In short, the first defendant claimed the property as his own and that the same has been purchased by him benami in the name of the husband of the plaintiff which had been denied by the plaintiff