KAMALA Vs. VALLI

JUDGEMENT

(1.) THE second appeal arises out of the judgment and decree dated 30.06.2004 made in A.S. No. 82 of 2002 on the file of the Subordinate Court, Kallakurichi, confirming the judgment and decree dated 17.04.2002 passed in O.S. No. 12 of 1999 on the file of the I Additional District Munsif Court, Kallakurichi.

(2.) THE respondent herein as plaintiff has filed the suit for declaration and recovery of possession in respect of the suit property stating that suit property originally belonged to her father viz., Kuppa Kounder, s/o. Moonga Kounder of Valayapattu Village, Sankarapuram Taluk. The said Kuppa Kounder had a son named Moongan and a daughter named Valli, the plaintiff in the suit. After making adequate provision of properties to his son Moongan, the said Kuppa Kounder retained the suit property for himself and thereby he is in possession and enjoyment of the same. Thereafter, Kuppa Kounder executed a Will on 15.03.1992 by which he had bequeathed the suit property to the plaintiff/Valli to be taken by her absolutely. He died on 09.09.1992 and thereafter, the Will came into effect and thereunder the plaintiff has become the owner of the property comprised in the Will. However, since the plaintiff was residing in her husband's place at Moorarpalayam Village and the suit property was situated in Valayampattu Village, the defendant trespassed into the suit property and is in illegal possession and enjoyment of the same. Though the plaintiff demanded the defendant to deliver possession of the suit property, the defendant not only failed to hand over possession but also denied title of the plaintiff to the suit property. Thus, the plaintiff was forced to file the suit for declaration of her title to the suit property and for recovery of possession.

(3.) THE Learned Trial Judge after considering the averments both in the plaint and written statement and arguments on either side counsel, has framed necessary issues and on perusing the oral and documentary evidence viz., P.W. 1, P.W. 2, D.W. 1, D.W. 2 and Exs. A.1 to A.9 and Exs. B.1 and B.2, decreed the suit. Aggrieved against the judgment and decree of the trial court, the defendant preferred an appeal in A.S. No. 82 of 2002 on the file of the Subordinate Court, Kallakurichi.