ESAKKIAMMAL Vs. PARVATHIAMMAL

JUDGEMENT

(1.) The plaintiff in O.S.No.74 of 2010 is the appellant. The challenge is to the judgment and decree of the learned Principal District Judge, Tirunelveli, made in A.S.No.28 of 2014 reversing the judgment and decree of the trial Court granting the relief of declaration of title and recovery of possession.

(2.) The plaintiff sued for the aforesaid relief contending that the suit property belonged to one Kamppasamy Asari and Muthulakshmi, adoptive parents of the plaintiff. The said Kamppasamy Asari died on 29.07.1989 and Muthulakshmi also died in 2010. On the death of Muthulakshmi, the defendant, who is the brother's wife of Kamppasamy Asari and was permitted to occupy the suit property, had claimed independent title and disputed the status of the plaintiff, as adopted daughter of Kamppasamy Asari and Muthulakshmi. Hence, the plaintiff had come up with the above suit.

(3.) The suit was resisted by the defendant contending that the suit property was not the exclusive property of Kamppasamy Asari. Her husband, Mani Asari, also contributed towards the purchase of the suit property. The adoption set up by the plaintiff was denied by the defendant.