RAMASAMY Vs. MARAN

JUDGEMENT

(1.) The appellants are the plaintiffs in the suit.

(2.) The suit for declaration, delivery of vacant possession and consequential direction to the revenue authorities to delete the name of the first defendant in respect of the suit property was dismissed by the trial Court . On appeal, the First Appellate Court confirmed the decree and judgment of the trial Court. Against the concurrent finding, the present second appeal is preferred.

(3.) The case of the appellants herein as stated in their plaint is that they are the descendants of one Palani . The schedule properties are ancestral properties inherited by them through Palani. The said palani died in the year 1950. On his demise, the property devolved upon his son who was also called as Palani. (hereinafter to be referred as junior palani). the said junior palani died in the year 1990. The plaintiffs succeeded his entire estate. They are in joint possession and enjoyment of the a schedule properties. The first defendant is the sister son of junior Palani. On his request, a portion of the suit property was permitted to be occupied by him and same is described as B schedule in the plaint. From the year 1992, the first defendant is in permissive occupation of the B schedule property. When the plaintiff's request the first defendant to vacate the B schedule property he refused to vacate it, claiming title over the property based on a deed dated 17/06/1969 purported to be a sale deed executed by junior Palani in favour of his sister Palaniammal (the mother of the first defendant) and a will dated 05/11/1986 executed by Palaniammal in favour of the first defendant. Based on these two documents, the first defendant has mutated the revenue record and transferred the patta in his name. Property being an ancestral property, the junior palani had no right to alienate against the interest of his minor children. Therefore both the documents are not valid in law. No right flow to the first defendant through these documents. Hence relief of declaration of title, recovery of possession, and mandatory injunction to cancel the patta sought.