GOVINDAMMAL Vs. VARADHARAJAN

JUDGEMENT

(1.) Defendants 1 to 4 in OS.No.53/2009 on the file of the learned Principal District Munsif, at Vandavasi, are the appellants in the above Second Appeal.

(2.) The 1st respondent in this Appeal, as plaintiff, filed the suit in OS.No.53/2009 for declaration of his title to the suit property and for consequential permanent injunction restraining the defendants 1 to 4 from interfering with peaceful possession and enjoyment of the suit property by the plaintiff and for an injunction, restraining the defendants 1 to 4 from alienating the suit property. The suit is also against the 5th defendant-Sub Registrar in the suit, not to accept any document for registration in respect of the suit property.

(3.) The case of the plaintiff in the plaint is that the suit property originally belonged to the plaintiff's mother by name Mrs.Chellammal. It is stated that the said Chellammal purchased the suit property and other properties by virtue of a registered Sale Deed dtd. 14/5/1976 and that she was in enjoyment of the property as absolute owner. It is the further case of the plaintiff that the entire properties of Mrs.Chellammal was distributed among the plaintiff, his brother by name Jagannathan and plaintiff's mother Mrs.Chellammal by virtue of a Partition Deed dtd. 10/6/1985. It is also the case of the plaintiff that the defendants 1 to 4 were given more properties under the document as the husband of the 1st defendant, namely, Jagannathan, had promised to construct a residential building for his mother Mrs.Chellammal. Since the husband of the 1st defendant did not fulfil the promise, it is contended by the plaintiff that Mrs.Chellammal executed a Will dtd. 15/11/2000 in favour of the plaintiff bequeathing the suit properties. Therefore, the plaintiff filed the suit based on the Will stated to have been executed by Mrs.Chellammal on 15/11/2000.