SOUNDHARARAJAN Vs. M. DHANACHAKRAVARTHI

JUDGEMENT

(1.) As against the finding of the Trial Court, this appeal has been filed by the 11th defendant in OS.No.4 of 2005, against the judgment and decree, dated 18.04.2012 passed by the learned Additional District Judge, Fast Track Court, Dindigul.

(2.) The brief facts, leading to file the appeal suit, are as follows: The Plaintiff is the brother of the first defendant and one Manoharan, Doctor by profession. All of them born to Munusamy and Yasodammal. The said Munusamy was in Army and he died on 22.07.1948, leaving behind his wife Yasodammal and his three children, namely, the plaintiff, first defendant and one Manoharan. After the death of Munusamy, Yasodammal was eking out livelihood with the help of the parents house at Vellore and her brother, namely Duraisamy, purchased the properties measuring to an extent of 1 acre 61 cents with well therein, on 02.05.1960, in the name of Yasodammal. The said Yasodammal derived income from the above properties and also by mortgaging the properties, educate her children, namely, plaintiff, first defendant and one Manoharan. In the year 1973, the first defendant joined as a Junior Assistant in Vellore Electricity Department. Thereafter, transferred to Chennai and Manoharan has also imparted education by the plaintiff and his mother, he became a Doctor on 01.09.1975. He worked as a Doctor for three years at Chennai and stayed with the plaintiff and the first defendant.

(3.) The first defendant remained unmarried only in order to help the said Manoharan and she has contributed her entire salary for the purchase of properties in the name of Manoharan. Thereafter, the plaintiff and the first defendant decided to reside along with Manoharan and contributed the funds for the purchase of the properties. Accordingly, the suit properties were purchased by Manoharan in his name. Though the properties are purchased in his name, those properties are joint family properties. Thereafter, in the year 1998, the properties of mother situated at Vellore was sold for a sum of Rs.30,00,000/- and the said amount was given to Manoharan to develop the properties. Out of the said amount, Manoharan has constructed a house and a marriage hall in the name of his mother Yasodammal. The construction was completed in the year 2001. The entire buildings were put up from the contribution made by the plaintiff from the sale amount of Mother's properties. Manoharan met with an accident on 21.05.2000 and suffered fracture, head injury and lost his conscious. The plaintiff has also spent huge amount towards the medical expenses. After such accident, the plaintiff has also paid a personal amount for completing the building. It is also stated in the pleadings that mother Yasodammal died on 29.01.1997. Even after the accident, Manoharan fell down in the bathroom on 01.01.2002. Thereafter, he was not able to look after himself, at the time the second defendant, the cousin of Manoharan was appointed to do house hold duties and the said Manoharan died in the year 04.10.2004, without executing any Will. The last rites was performed by the plaintiff's son Arun. After the death of Manoharan, who remained unmarried, the properties devolved upon the plaintiff and the first defendant jointly and they were in joint possession and enjoyment of the same. The second defendant has created a false document and attempted to obtain necessary name transfer in the Revenue and Municipal records.