A RAMASAMY MOOPER Vs. A RAMAMOORTHY

JUDGEMENT

(1.) THE plaintiff is the appellant. THE appellant filed the suit in O.S.No.518 of 1997 on the file of the District Munsif Court, Tirumangalam, for declaration and for injunction.

(2.) THE case of the plaintiff was that item Nos.1 to 8 of the plaint schedule properties belonged originally to Perumal Mooper, who was the Junior paternal grandfather of the plaintiff and defendants and his wife was Nachiammal and the said Perumal Mooper executed a registered will dated 31.08.1963 and bequeathed item Nos.1 to 3 in favour of his wife namely, Nachiammal and item Nos.4 to 8 to the plaintiff and the said Perumal Mooper died on 08.12.1963. THEreafter, the will came into effect and the plaintiff and Nachiammal took possession of the respective properties and under a sale deed dated 22.03.1972, the said Nachiammal sold item Nos.1 to 3 which she got under the will to the plaintiff and under a registered sale deed dated 31.08.1963, Nachiammal sold item Nos.9 and 10 to the plaintiff and item Nos.11 and 12 were purchased by the plaintiff from one Srinivasa Achari under a registered sale deed dated 20.04.1965. Item No.13 was purchased by the plaintiff from one Seethalaskhmi Ammal under a registered sale deed dated 22.03.1969. THErefore, the plaintiff became the absolute owner of entire 13 items of property and the defendants attempted to interfere with the possessions and therefore, filed a suit for declaration and for injunction.

(3.) THE First Appellate Court partly allowed the appeal holding that the plaintiff is entitled to declaration in respect of item Nos.11, 12 and 13 and in respect of the remaining items namely, item Nos.1 to 10, the plaintiff has no right and confirmed the findings of the trial court in respect of item Nos.1 to 10.