SANKARAMMAL Vs. A. VELAMMAL

JUDGEMENT

(1.) THIS Second Appeal is directed by the appellant/first defendant against the judgement and decree made in A.S.No.94 of 19996, dated 7.12.2001 on the file of the Additional Subordinate Judge,Nagercoil, confirming the judgment and decree made in O.S.No.93 of 1993, dated 24.6.1996, on the file of the Principal District Munsif, Nagercoi.

(2.) BEFORE the trial Court,the appellant is the first defendant. The first respondent is the plaintiff and second and third respondents are defendants 2 and 3. For the sake of convenience, the parties referred as in the suit is referred in the appeal.

(3.) THE second and third defendants remained ex-parte before the trial Court and the appellant/ first defendant alone has filed a Written statement in which the relationship of the parties are admitted. According to the appellant/first defendant, Item No.1 of the suit schedule property is the ancestral property of the defendants' father and the same was obtained by way partition in the year Markal, 1123 ME and item No.2 was the self-acquired property of Akkaramoorthy and Porkalaiammal by way of sale deed dated 6.4.1953. It is further stated in the Written statement that the plaintiff is not continuously in possession and enjoyment of the suit house and the grand-mother had executed a 'othi' deed in favour of one Chandrika for Rs.5000.00 for his treatment and this defendant redeemed the said othi deed and again for the expenses of grand-mother, item No.2 of the suit schedule property was mortgaged to one Thanu. Further it is stated that this defendant never lived in the hut or living as nun and this defendant is a follower of Hindu religion since she is a Hindu by birth.