VENGARAJ Vs. CHINNAMUTHULAKSHMI

JUDGEMENT

(1.) The appeal arises out of the concurrent judgments of the Courts below. The unsuccessful defendant is the appellant herein.

(2.) Originally, the suit was filed by the plaintiff/respondent for a declaration and for recovery of possession. According to the plaintiff/respondent, the property was bequeathed to her, by virtue of a gift deed, under Ex.A.1. The said gift deed was executed in the year 1972. It was executed for another sister also in respect of another property. The defendant/appellant is the own brother of the plaintiff/the respondent herein.

(3.) While this was the case, since the plaintiff/respondent was residing in Coimbatore, the defendant was permitted to enjoy and manage the property in question. Subsequently, he denied the legal right including the title of the plaintiff/respondent. Therefore, the plaintiff/ respondent herein filed a suit for declaration and recovery of possession relying upon certain documents by way of producing evidence oral as well as documentary and the same was let in before both the Courts below and the Courts below have held that the plaintiff/ respondent is entitled for declaration and possession. Aggrieved against same, the present appeal is filed by the defendant.