R. GOVINDARAJAN Vs. C. KRISHNAMOORTHY

JUDGEMENT

(1.) The concurrent Judgments and decrees passed in O.S.No.30 of 2011, by the District Munsif Court, Thiruvaiyaru and in A.S.No.18 of 2016, on the file of the Additional Subordinate Court, Thanjavur, are being challenged in the present Second Appeal.

(2.) The respondents, as plaintiffs, have instituted a suit in O.S.No.30 of 2011 on the file of the trial Court for the relief of declaration and for recovery of possession, wherein, the present appellants have been shown as the defendants.

(3.) The case of the plaintiffs is that originally the suit property was owned by one K.S.Rengaswamy Iyyangar, the elder brother of the plaintiffs' great grandfather K.S.Swamy Iyyangar. The said K.S.Rengaswamy Iyyangar had only two daughters, namely Padmasani and Ruckmani and he had no male issues. The said K.S.Rengaswamy Iyyangar in a sound and disposing state of mind had executed his last and Will and testament on 20/11/1961 and registered the same at the Sub-Registrar's Office at Thirukkattupalli. As per the terms of the said Will, the under mentioned suit property has to be enjoyed by the first daughter Padmasani for life and after her life, it has to be succeeded by the father of the plaintiff K.S.Rengaraj and his legal heirs. The said K.S.Rengaswamy Iyyangar died about 20 years back and the above said Will of K.S.Rengaswamy Iyyangar came into force and as per the terms of the said Will, Padmasani was enjoying the suit property during her life time as a life estate holder. The said Padmasani died in the year 2005. Hence, as per the terms of the last Will, the plaintiffs have succeeded to the suit property as the legal heirs of K.S.Rengaraj Iyyangar. The defendants have taken a sale deed from the abovesaid Padmasani Ammal on 17/2/2003 with respect to the suit property and have taken possession of the suit property from the said Padmasani Ammal. In the Will, dtd. 20/11/1961, the said Padmasani was given only a life estate over the suit property and she had no right of alienation over the suit property. These plaintiffs, being the only legal heirs of their father K.S.Rengarajan, had succeeded to the suit property as per the terms of the abovesaid Will.