SINGA MUTHU DIED Vs. GOVINDAMMAL

JUDGEMENT

(1.) THE defendants before the Court below are the appellants herein.

(2.) THE respondent herein has filed the suit before the Court below praying for delivery of possession of the lands and for declaration of her title and consequential relief of delivery of possession of the houses and the lands on which they are constructed on averments such as that the plaintiff is the absolute owner of the suit properties; that she had first constituted her father as the power agent to look after her estate and later she revoked that power and gave a fresh power to the deceased first defendant on 8.8.1973, thus directing her father to deliver possession of all her properties and also the original documents of title to the first defendant; that accordingly the first defendant got possession of the said items on 13.7.1973, giving an acknowledgment; that thereafter, the first defendant was personally cultivating the suit lands, occupying a portion of the tiled house in the same property; that the site on which the house stands was purchased and built by the plaintiff with her funds; that in another portion of the tiled house, a tenant was there; that two other thatched houses were also leased to tenants and the rents were collected by the first defendant from them and that only recently the two thatched houses became vacant.

(3.) THE first defendant would further submit that the plaintiff's mother-in-law was maintained by the first defendant from out of the income of the lands, as directed by the plaintiff; that since he is working in Sabari Mills, he leased out the land to the second defendant; that the income from the land is only taken from the land would not be more than Rs.1,000 and the income from the thatched house leased out is Rs.15; that the other house remained vacant; that the first notice dated 24.9.1985 was not replied since a panchayat was held and negotiations were going on regarding the subject and the second notice was replied; that the plaintiff's husband did not send money to his mother, but to one Saroja. On such averments, the defendants would pray to dismiss the suit with costs.