G KRISHNAMOORTHY Vs. PADMAVATHY

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment and decree dated 28.09.2001 made in A.S.No.22 of 2001 on the file of the Principal Sub Court, Nagapattinam, reversing the judgment and decree dated 20.12.2000 made in O.S.No.429 of 1999 on the file of the District Munsif Court, Nagapattinam. The 1st defendant is the appellant herein.

(2.) THE parties are related as under:- Perumal Naidu (died in 1908) | | ----------------------------- | | | 1st wife adopted son,(E) Ammathayee Ammal (second wife) | (Ramachandran) |(died in 1950) (A) ------------ | --------------- | | | | Venkatamma Seethalakshmi Damodaran Muthulakshmi=Muthukrishnan (C) (D) |(died) (died) (B) | (died) | | | ------------------- ----------------- | | | | | | | Widow daughter son Vatsala Damodaran | (Plaintiffs 1 to 3) (died) (died unmarried | | in 1995) | -------------- | | | (Brother) Husband Daughter Gopalsamy Rajaram Usha @ Pappa Naidu (died) (died) | | | Krishnamurthy(son) (1st defendant)

(3.) ON the contrary, it is the case of the 1st defendant that after the death of Muthulakshmi Ammal, her husband Muthukrishnan and her son Damodaran, who died unmarried, the only surviving legal heir was their daughter Vatsala and hence, the properties came into the hands of the daughter of Muthulakshmi Ammal and Muthukrishnan, viz., Vatsala. Subsequently, Vatsala also died leaving behind her husband Rajaram and daughter Usha @ Pappa. During the lifetime, Rajaram executed a Will dated 15.04.1996 in favour of the 1st defendant in respect of the properties. ON 27.06.1996, Usha died in the morning and her father Rajaram died in the evening. Therefore, after the death of Usha, her father inherited the properties and after the death of Rajaram, the 1st defendant is entitled to the properties, according to the Will dated 15.04.1996 and the lands are also under cultivation by the tenants, namely, defendants 2 to 4 under this defendant.