NATARAJAN Vs. MAHALINGAM

JUDGEMENT

(1.) This defendant is the appellant in this second appeal filed against the concurrent decree of possession and mesne profits passed by the courts below.

(2.) The respondent is the plaintiff in the suit. The suit was filed by the respondent herein for a decree of permanent injunction restraining the appellant/defendant from cultivating and from harvesting the crops raised in the suit property or in the alternative, for a decree directing the appellant/defendant to handover the possession of the suit property to the respondent/plaintiff and for mesne profits from the date of plaint till date of delivery of possession. For the sake of convenience, the parties in this second appeal will hereinafter be referred to as per their array before the trial court.

(3.) The plaint was filed on the pleadings inter alia that the plaintiff and the defendant are the brothers and sons of Kalyanasundaram. They have one sister named Saraswathi. The plaintiff and his sister Saraswathi have been residing in Chennai along with their father. As adoptive son, the father of the plaintiff inherited the suit properties from his adoptive father Vaithiyanatha Sasthri. Till 2009, the father of the plaintiff was managing the properties. Thereafter, as the mother of the plaintiff namely Lakshmi Ammal fell ill, for the purpose of treatment, the father of the plaintiff had to settle with the plaintiff and the medical expenses of Lakshmi Ammal were borne by the plaintiff only. The mother of the plaintiff died in 2010.