R. ARUN Vs. V.S. RANGANATHAN (DECEASED)

JUDGEMENT

(1.) This Civil Suit has been filed by the Plaintiff for seeking relief of declaration that the Plaintiff is the absolute owner of the Suit Schedule properties and to direct the 1st Defendant to hand over the original Title Deeds and vacant possession of the Suit Schedule properties hereunder, and to direct the 1st Defendant to pay a sum of Rs.40,000.00 (rupees forty thousand only) per month towards past Mesne Profits from 1/3/2015 until the filing of the Suit, i.e. 2/3/2018, and to appoint an Advocate Commissioner to conduct an Enquiry in respect of future Mesne Profit of the Suit Schedule property and to pay the Cost of this Suit.

(2.) The Plaintiff is alleged that he is the Owner of the Suit property. By virtue of a Family Partition Deed, dtd. 27/4/1890 among the five sharers, one share fell jointly to late T. Aiyakannu Pillai and late T. Ratnasabapathy Pillai. The above share is described as under:

(3.) At present the Plaintiff and his sister Chitra alone are the Legal Heirs that are alive and they are the Legal Heirs of Rathnasapathi Pillai. The 2nd Defendant remained ex parte. During the pendency of the Suit the 1st Defendant died and his Legal Heir is impleaded as 3rd Defendant herein.