G. RAJA ANAND Vs. S.R. SIVAKUMAR

JUDGEMENT

(1.) THE defendant, who suffered a decree in O.S. No. 74 of 1999 has filed the instant Second Appeal.

(2.) THE case of the plaintiff in the suit is that the properties scheduled in the plaint absolutely belong to him. The plaintiff has based his claim on a deed of adoption dated 09.6.1976 and family arrangement dated 10.10.1983 and by way of Will dated 15.6.1987. The plaintiff went in adoption to the family Ramalinga Chettiar and his wife Radha Bai Ammal. Ever since adoption, he has been in actual and peaceful possession of properties as their own son. His adoptive mother Radha Bai Ammal purchased the properties on 02.02.1966 under Ex. A.1. Thereafter, the adoption took place and the same was reduced to writing under Ex. A.2 Adoption Deed on 09.6.1976 subsequent to which, in a family arrangement dated 10.10.1983 marked as Ex. A.5, the properties were given to the plaintiff. While so, the said Radha Bai Ammal has executed a Will dated 16.11.1983 marked as Ex. B. 50. According to the plaintiff, though the Will was executed, it had not come into effect and even during her lifetime, the executrix had executed the Will dated 15.6.1987 under Ex. A.9 in favour of the plaintiff by cancelling the earlier Will. The said Radha Bai Ammal/executrix died on 14.10.1987 leaving the plaintiff as her only heir to succeed to the properties. The further case of the plaintiff is that the defendant herein, who is the son of his biological brother, has no manner of right or title in the suit properties. While so, the defendant tried to interfere with the possession of the plaintiff without any right or title to the suit properties which resulted in the suit.

(3.) THE trial Court dismissed the suit and on appeal, it was reversed by the First Appellate Court decreeing the suit as prayed for. Hence, the present Second Appeal by the defendant.