THANGA SAROJINI Vs. JACOB

JUDGEMENT

(1.) THE unsuccessful plaintiff in O.S.No.267 of 1991, on the file of Additional District Munsif, Tuticorin, who was also the unsuccessful appellant in A.S.No.192 of 1992, on the file of Sub-Court, Tuticorin is the appellant.

(2.) THE suit property is western 40 cents out of 80 cents situate in Siruthandanalloor in Tuticorin District.

(3.) DEFENDANTS resisted the suit denying the oral transfer to plaintiff's father and his enjoyment of the property. The property had been in the possession and enjoyment of defendant's father. After him, it is under their enjoyment. Their father, while alive, executed a will bequeathing the entire property to his sons born to him through his second wife. Plaintiff's father created a name sake gift deed. His partition suit in O.S.No.370 of 1975 has been dismissed. In O.P.No.15 of 1977, their father's Will has been probated. It was also confirmed by this Court. Patta stood in the name of their father. After him, it was transferred to their name. However, without any right, plaintiff got included her name also. On appeal, her name has been deleted from the patta.