WILLIAM DEVAPRIYAM AND ORS. Vs. TAMILARASI

JUDGEMENT

(1.) Aggrieved over the reversal finding of the First Appellate Court, dismissing the suit filed for declaration and recovery of possession, the present Second Appeal is filed by the pendente lite purchaser of the property from the plaintiff.

(2.) The parties are referred to as per their rank before the trial Court.

(3.) The brief fact, leading to file this appeal, reads as follows:- The suit property originally purchased by the plaintiff on 09.08.1956 in the name of his mother one Victoria David Ammal. It is the contention of the plaintiff that the entire sale consideration has been paid by him. He was working in Army, thereafter, in the Dindigul Municipality. Only out of his earnings, the property has been purchased in his mother's name. After purchase of the property, the plaintiff has put up a construction and put up one hut and permitted the defendant to reside in the above portion. It is relevant to note that the defendant is none other than the daughter of the plaintiff. When the matter stood thus, the mother of the plaintiff died on 15.11.1970. After the death, the plaintiff enjoyed the property and mutated the records in his name and has also independently dealt the property in favour of third parties by mortgaging as well as rent. Though the brothers and sisters of the plaintiffs were there, they all left the family and are residing separately. The plaintiff has sold some portion of the property to third parties in the year 1988 and the plaintiff is in enjoyment and possession of the remaining property and ousted other co-sharers, hence, filed the suit for declaration and recovery of possession against his own daughter.