DHANABAGHYAM AMMAL DIED Vs. DHANAVEL

JUDGEMENT

(1.) The unsuccessful Plaintiff is the Appellant.

(2.) The Plaintiff filed the suit for declaration and for recovery of possession from the third Defendant/third Respondent herein.

(3.) The case of the Plaintiff was that the property originally belonged to her mother Manick am Ammal and she purchased the same under a sale deed dated 9.4.1923, Ex.A1and after her enjoyment and her death, the property was inherited by the Plaintiff and the Plaintiff is enjoying the same and the Plaintiff is residing in a village 20 kms away from the suit property and therefore, she requested the first Defendant, the first Respondent herein to look after the property and the first Respondent was also cultivating the property on her behalf and was paying the rent to the Plaintiff and at the request of the Plaintiff, the first Defendant/first Respondent was paying kist and later, the Plaintiff came to know that the third Defendant was looking after the property and when the same was questioned, the first Defendant did not give proper reply and on verification, it was found that the first Defendants old the property under Ex.B1 to the second Defendant and the second Defendant sold the property to the third Defendant under Ex.B2 and as Defendants 1 and 2 have sold the property to the third Defendant and the third Defendant claims to be the owner of the property, the suit was filed for declaration and recovery of possession.