MAYA AMMAL Vs. PUSHPPA AMMAL

JUDGEMENT

(1.) The appeal suit is filed against the judgment and decree dated 20.11.2009 in O.S.No.68 of 2004.

(2.) The plaintiff is the appellant in the appeal suit. The plaint in brief, states that the appellant plaintiff is the widow of Perumal Bagavathar and her marriage took place on 12.09.1960 at Arani, according to their rights and customs. Perumal Bagavathar died on 15.03.1998, leaving the plaintiff as his only legal heir and died intestate. The suit property is the terraced house owned by Perumal Bagavathar. It is his ancestral property. His parents properties and to allot 1/2 share to the 2nd defendant. The plaintiff filed a maintenance case against her husband in Sub-Court, Vellore in O.S.No.130 of 1966 and it has been decreed in her favour for the grant of Rs.50/- per month as maintenance. Subsequently, the plaintiff filed O.S.No.633/1990 in District Munsif Court, Arani and awarded a sum of Rs.250/- per month for maintenance. She filed an appeal before the Sub-Court, Arani in A.S.No.42 of 1994 and the Sub-Court enhanced the maintenance to Rs.400/- per month. Against the order of the Subordinate Judge, the plaintiff filed an appeal to the High Court, Chennai in S.A.No.1343/1997 and during the pendency of the said appeal, Perumal Bagavathar died and she could not prosecute further in respect of her claim for enhanced maintenance. The appellant plaintiff is in joint and constructive possession of the plaint schedule properties. The first defendant is keeping the jewels described in "C" schedule after the death of Perumal Bagavathar. The said jewels are left by Perumal Bagavathar at the time of his death. Thus, the plaintiff is entitled to 1/2 share in the "C" schedule properties. Thus, the appellant plaintiff was constrained to institute the suit.

(3.) The first plaintiff Maya Ammal died on 08.04.2006. While Maya Ammal was in a sound and disposing state of mind, she had duly and voluntarily executed a registered will dated 23.03.1999, bequeathing her properties in favour of the 2nd plaintiff, who was her younger brother. That was the last will of Maya Ammal on her death, the 2nd plaintiff became entitled to the estate of deceased Maya Ammal. The 2nd plaintiff was recognized as the Legal Heir of the deceased Maya Ammal in I.A.No.59/2006 by order dated 27.06.2008. Thus, the 2nd plaintiff is entitled to the suit reliefs.