T.S. DAYALAN Vs. P.L. SURESH

JUDGEMENT

(1.) The present Second Appeal is brought by the unsuccessful plaintiff-T.S.Dayalan, after the suit for permanent injunction against the defendant-P.L.Suresh, the respondent herein, from interfering with his possession and administration of the house and ground bearing Corporation Door No.28, Ela Kandappa Mudali Street, Elephant Gate, Chennai 600 003 was dismissed and on appeal, the same was also confirmed by the First Appellate Court. Aggrieved by the same, the present Second Appeal is filed.

(2.) (i)The plaintiff-T.S.Dayalan is the brother-in-law of the defendant/respondent-P.L.Suresh since T.S.Dayalan has married one of the sisters of the defendant-P.L.Suresh.

(3.) (i)A detailed written statement was filed by the defendant/respondent stating that the suit property was originally owned by one Singaravelu Mudaliar and after his death, Duraisamy Mudaliar acquired the property and Duraisamy Mudaliar died leaving his only son-D.Ramasamy Mudaliar and his daughter Ekkadu Kuppammal @ Krishnaveni Ammal. The said Duraisamy Mudaliar left a registered will bequeathing all his properties except the property at Old Door No.27, New No.28, Elakandappan street, Park Town, Chennai 3 in favour of his son and daughter. His son Ramasamy Mudaliar having acquired the property covered under the will enjoyed the suit property in the capacity as the only male descendant of the family till his life time and the suit property was also probated in O.P.No.32/39 in which the property of Duraisamy Mudaliar was divided into two as per the affidavit of assets allotting property described in the schedule "B" to Ramasamy Mudaliar and schedule "A" to Ekkadu Kuppammal. Thereafter, Ramasamy Mudaliar died intestate leaving his only son P.R.Loganatha Mudaliar and three daughters, viz., (i)Sabitha (ii) Thatchayani and (iii) Hemavathi. Subsequently, the said P.R.Loganatha Mudaliar, father of the defendant and father-in-law of the plaintiff having inherited the property described in schedule "B" in O.P.No.32/39 after enjoying the same during his lifetime, died on 30.9.1997 leaving behind his only son-defendant/appellant herein, his daughters and his wife-Mohanambal as his legal heirs, and leaving the suit property be inherited by the defendant alone for enjoyment. Therefore, it was the case of the defendant being the only male legal heir of P.R.Loganatha Mudaliar, after his death as the only male descendant started administering the said property by receiving the rents from the existing tenants and by residing in a residential portion of the said property along with his mother who has been taken by the daughters for claiming the suit property.