THILAGAVATHY Vs. SUNDARAM

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiffs against the judgment and decree passed by the lower Court in disallowing the claim for partition of suit properties in 'A' schedule II, A schedule III and A schedule IV and 'B' schedule of the suit properties and the mesne profits asked for in respect of those properties.

(2.) THE brief facts made in the plaint necessary for the disposal of the appeal would be as follows:- 1st plaintiff is the second wife of Govinda Mesthiri who died about 10 years ago. THE 2nd plaintiff is the son of Govinda Mesthiri by his first wife. Plaintiffs 3 to 9 are the sons and daughters of Govinda Mesthiri and the 1st plaintiff. THE property set out in the schedule originally belonged to the family of Govinda Mesthiri. He was in possession and enjoyment of the property. He has been dealing with the property as his own. After his death,plaintiffs have become entitled to the property. 2(b). Defendant has absolutely no title or interest in the property. Claiming some right in the property defendant with the assistance of her husband and son forcibly drove the plaintiffs out of the property. When questioned the defendant informed the plaintiffs that she had purchased the property for valid consideration. But there is no document to evidence her title nor did she showed any documents to evidence the sale. Defendant was in unlawful possession of the property over the years. So plaintiffs caused a notice dated 16.12.1988 to be given to defendant calling upon her to surrender possession of the property. Defendant evaded receipt of this notice and so plaintiffs caused another notice to be given to the defendant which the defendant has refused to receive. THErefore, plaintiffs are constrained to file the suit for declaration of their right to the suit property and also for recovery of possession. THE cause of action for the suit arose in 1984 when plaintiffs were forcibly evicted from the property in Thiruvanthigai village, Panruti within the jurisdiction of the court. 2(c). Plaintiffs prays that as against the defendant permitting the plaintiffs to file and prosecute the suit as indigent persons and pass a decree declaring plaintiffs absolute title to the suit property and pass a decree declaring plaintiffs absolute title to the suit property and also for future mesne profits from the property till the property is delivered to the plaintiffs and for cost of the suit. Hence, the suit.

(3.) THE aggrieved plaintiffs have filed this appeal against the dismissal of their claim in respect of those properties and the findings reached by the court for such dismissal.