VELAMMAL ALIAS SUBBULAKSHMI Vs. ACHAYYA NAICKER

JUDGEMENT

(1.) This Appeal has been filed by the defendant as appellant against the judgment and decree dated 12.9.1988 and made in O.S.No.131 of 1985 on the file of the learned Subordinate Judge, Srivilliputhur.

(2.) The case of the plaintiff, who is the respondent herein, is as follows:- Late Smt.Nachiarammal is the sister of the plaintiff, Achaya Naicker, who is the brother of A.Krishnasamy Naicker. The defendant Velammal alias Subbulakshmi is the daughter of the above said Krishnasamy Naicker. Nachiarammal was married to Subba Naicker as his second wife and they have no issue. The suit properties are given to Nachiarammal by her husband Subba Naicker under a settlement deed dated 8.4.1967 and Nachiarammal was in possession and enjoyment of the suit properties. The father of the defendant, with a view to grab the properties of Nachiarammal, obtained a registered adoption deed dated 3.9.1980 as if the defendant was adopted from Nachiarammal, under coercion from the above said Nachiarammal. The defendant was more than 18 years of age at the time of execution of the adoption deed dated 3.9.1980 and she was living with her father, who arranged for the marriage of the defendant. The defendant was not attending to the needs of Nachiarammal. The deed of adoption dated 3.9.1980 is not valid in law. The said Nachiarammal, in fact, had cancelled the above said adoption deed by means of another registered document dated 9.8.1985. The said adoption deed executed in favour of the defendant will not confer any right in the suit properties to the defendant.

(3.) The plaintiff was attending to the needs of Nachiarammal as a brother. Out of love and affection, Nachiarammal executed a registered Will dated 9.8.1985 bequeathing the suit properties in favour of the plaintiff. The Will has to come into force after the life time of Nachiarammal, who died on 22.8.1985. The plaintiff performed all obsequies ceremonies. The plaintiff alone is entitled to the suit properties. The defendant is denying the right and title of the plaintiff to the suit properties. It is under the said circumstances, the plaintiff has come forward with the suit for declaration and for permanent injunction or in the alternative for recovery of possession.