MAHADHOON BEEVI Vs. R GUNASEKARAN

JUDGEMENT

(1.) THE second defendant, who lost in both the courts below is the appellant.

(2.) THE first respondent herein filed the suit in O.S.No.14 of 2004 on the file of the Subordinate Judge, Ramanathapuram for declaration that he is the absolute owner of the suit property and for recovery of possession of the suit property from the appellant and the second respondent for mesne profits.

(3.) THE Trial Court after appreciating the oral and documentary evidence held that the gift deed, Ex.A5 executed by the appellant in favour of the second respondent was a valid gift and it was acted upon and the second respondent herein became the absolute owner of the said property and under Ex.A6, she sold the property to one Muniyasamy and thereafter, she purchased the same from Muniyasamy under Ex.A7 and after she became the owner of the property, she executed a sale deed in favour of Alexander under Ex.A2 and Alexander sold the property to the plaintiff under Ex.A1 and the House Tax Receipts stand in the name of the first respondent and therefore, the first respondent is the owner of the property and he is entitled to recovery of possession from the appellant and the second respondent who are in illegal occupation of the property.