JAYACHANDRAN Vs. VENKATESAN

JUDGEMENT

(1.) THE first defendant in O.S. No.100 of 2007 on the file of the learned Principal District Munsif, Mayiladuthurai is the appellant herein. The respondents 1 to 3 are the plaintiffs in the suit and the fourth respondent herein is the second defendant in the suit. The plaintiffs have filed the suit for a declaration that the plaintiffs are the legal representatives of one Mrs. Renganayagi, the sole daughter of one Mr. Pakiripillai and that the defendants have got nothing to do with the suit property and they should not disturb the peaceful possession and enjoyment of the plaintiffs over the suit property. According to the plaintiffs they have obtained the suit property by means of inheritance on the demise of Mrs. Renganayagi.

(2.) THE appellant/first defendant took a plea that it is true that the suit property was originally owned by Mr. Pakiripillai and Mr. Pakiripillai's wife was one Mrs. Thangammal and they had a daughter by name Ms.Renganayagi. But, Mrs. Renganayagi predeceased them. The first plaintiff is the son of Mrs. Rengajayagi. Now, according to the first defendant, Mrs. Thangammal, while in sound state of mind, had executed a last Will in favour of him on 19.04.1989. Mrs. Thangammal died on 24.04.1989. On account of the demise of Mrs. Thangammal, the first defendant has become the absolute owner of the suit property and he is in possession of the same. Therefore, according to the appellant/first defendant, the suit filed by the plaintiffs deserves to be dismissed.

(3.) THIS second appeal has come up today for admission. I have heard the learned counsel for the appellant and I have also perused the records carefully.