C. RAJENDRAN Vs. S. NIRMALA

JUDGEMENT

(1.) The first defendant in the Original Suit is the appellant in the Second Appeal. The fight between the sister and brother over the property bequeathed by their mother on them has made them climb the steps of the trial Court, lower Appellate Court and now this Court being the Second Appellate Court.

(2.) The undisputed and admitted facts leading to the initiation of judicial proceedings culminating in the Second Appeal can be stated thus:- The plaint schedule property is the western half of the entire property which was made the subject matter of the bequest under the will of Saroja dated 02.05.1991 produced as Ex.B1. It is a registered will and its registration copy has been produced as Ex.A3. Saroja got it by way of a settlement from the original owner, namely her father Thamodharan Pillai under Ex.A2 settlement deed. The sale deed under which the Thamodharan Pillai purchased the property has been produced as Ex.A1.

(3.) It is also not in dispute that the plaintiff and the first defendant are the legatees under the will dated 02.05.1991. Though the testator Saroja did have one more daughter by name C.Latha Rani, she was not given anything under the will, since the testator was content with the customary seers were given to her at the time of marriage and further seers given by her father subsequent to marriage. The father of the respondent herein-plaintiff and the appellant herein-the first defendant (Chinnaiyan) was running a lathe workshop at a place situated at about 300 meters away from the disputed property. As admittedly the said workshop had been put up in such a way encroaching upon the road margin, he faced threat of eviction by the authorities concerned. Meanwhile, the father (Chinnaiyan) died and the workshop was taken over by his son namely, the first defendant who is the appellant in the second appeal. At that point of time, after his taking over the said business, he occupied a portion in the ground floor of the building coming within the western half of the entire property bequeathed under Ex.B1- will and located that lathe workshop therein. Admittedly, the area occupied by the lathe workshop in the western portion of the building is 800 sq.ft.