J DOSS Vs. RUKMANGADHAN

JUDGEMENT

(1.) THE second appeal has been filed against the judgment and decree, dated 19.7.2005, passed by the Subordinate Judge, Poonamallee, in A.S.No.38 of 2004, confirming the judgment and decree, dated 30.9.2002, passed by the District Munsif Court, Poonamallee, in O.S.No.825 of 1983.

(2.) THE present second appeal has been filed by the defendants 5,6,8 and 9 in the suit and the legal heirs of one Mahalingam, the third appellant, in A.S.No.38 of 2004, on the file of the Subordinate Court, Poonamallee. THE respondent had filed the suit, in O.S.No.825 of 1983, on the file of the District Munsif Court, Poonamallee, praying for a decree and judgment directing the defendants 2 to 5 therein to deliver possession of the suit property to the plaintiff and for costs.

(3.) IT had also been stated that since, Dharmalinga Naicker wanted to perform his daughter-s marriage, he had approached the first defendant for borrowing an amount of Rs.3,250/-. The first defendant had insisted that the suit property, belonging to Dharmalinga Naicker, should be given to him for his possession and enjoyment till the money was repaid. As such, the first defendant did not have any other right or interest in respect of the said property. while so, Dharmalinga Naicker had died. The plaintiff is one of the sons of the deceased Dharmalinga Naicker and as such, he is entitled to the share in the suit schedule property, as per the Hindu Law. Since, the plaintiff had required the suit property, including the residential house, for his own use and occupation, he had asked the first defendant to deliver vacant possession of the suit property. Since, the first defendant had not acceded to the request of the plaintiff he had filed the suit for delivery of possession of the suit property, in O.S.No.825 of 1983, on the file of the District Munsif Court, Poonamallee.