S. GANESAN Vs. RAMKUMAR

JUDGEMENT

(1.) The third defendant in O.S.No.56 of 2011 on the file of the District Munsif Court, Uthamapalayam is the appellant.

(2.) The suit was filed by the plaintiff seeking a declaration that grant of a joint patta in the name of the plaintiff and the third defendant is invalid, declaration that the plaintiff is the absolute owner of the property and for mandatory injunction directing the defendants 1 and 2 to transfer the revenue records for the suit property in the name of the plaintiff.

(3.) According to the plaintiff, the suit property belonged to his paternal grand mother Krishnammal, who died in the year 2010. The plaintiff is the son of one Jeyachandran, son of Krishnammal. The third defendant is the other son of Krishnammal. Contending that both Jeyachandran and the third defendant ignored Krishnammal and it was the plaintiff who was taking care of her and out of love and affection she had towards him, she had bequeathed the suit property to him under the Will dated 20.10.2009. The plaintiff sought for the declaratory relief. The plaintiff had also stated that there was some typographical error in the Will, where service connection number was shown as 212 instead of 213 and survey number of the property was shown as 503/1D instead of 503/1B.