C P SREERANGAN Vs. C P PONNUSAMY

JUDGEMENT

(1.) THE defendant is the appellant herein. THE respondent/plaintiff filed the suit for recovery of possession of the suit property.

(2.) THE case of the respondent/plaintiff was that the suit property originally belonged to one Mr.Chinna Poyan and he was not heard for so many years and his wife, Mrs.Nachammal, died on 23.1.1993, leaving behind a registered will dated 30.5.1980. THE appellant/defendant and the respondent/plaintiff are the children of the brother of the aforesaid Mr.Chinna Poyan and under a registered Will, the first item of property was given to the appellant/defendant to be enjoyed by him, without any power of alienation and he has to give 5 podhis of paddy every year to the respondent/plaintiff and the respondent/plaintiff has to give a sum of Rs.1,000/- to the Executive Officer of Palani Dhandayudhapani Temple and if, for any reason, the appellant/defendant failed to give five podhis of paddy to the respondent/plaintiff, the respondent/plaintiff is entitled to take possession of the first item of property and cultivate the same and has to pay a sum of Rs.1,000/- to the Temple as aforesaid. As the appellant/defendant failed to give five podhis of paddy and also claimed ownership over the suit property, the respondent/plaintiff filed the suit for recovery of possession on the basis of the Will.

(3.) AT the time of admission of the Second Appeal, the following substantial question of law were framed:-