SREE RAMACHANDRAN Vs. RETNASWAMY

JUDGEMENT

(1.) The defendants 2 and 3 are the appellants.

(2.) The plaintiff filed O.S.No.166 of 2014 before the I Additional District Munsif, Nagercoil for declaration of title, possession and enjoyment over the suit schedule property and for demarcation of the plaint schedule property. The suit was dismissed by the trial Court. The plaintiff filed A.S.No.6 of 2017 before the II Additional Subordinate Court, Nagercoil. The learned Subordinate Judge allowed the appeal and decreed the suit as prayed for. As against the same, defendants 2 and 3 have filed the above second appeal.

(3.) The plaintiff had contended that originally the plaint schedule property and other properties were owned by one Narayanavadivu Nadachi. She had six children, three daughters by name, Nachiar, Chellammal and Lakshmi and three sons by name Retnaswamy (plaintiff), Gopalakrishnan and Thangavel. According to the plaintiff, the said Narayanavadivu Nadachi had executed a settlement deed in favour of his three daughters each for 30 cents out of 102 cents owned by her. The plaintiff further contended that the balance 12 cents was retained by Narayanavadivu Nadachi. According to the plaintiff, she has executed a registered Will on 27/1/1973 bequeathing four cents of land to her sons jointly namely Retnaswamy and Gopalakrishnan. The other son namely Thangavel died without leaving any issue. According to the plaintiff, the said Gopalakrishnan also died leaving without any issues and hence, the plaintiff become the absolute owner of the suit first item having 10 cents and suit second item having 2 cents of the property in Resurvey No.222/3.