PALANIVEL Vs. BALASUBRAMANIAN

JUDGEMENT

(1.) This Second Appeal is directed by the unsuccessful Plaintiff assailing the Judgment and Decree, dated September 13, 2017 passed in A.S. No.65 of 2013 by the 'II Additional District and Sessions Court, Chidambaram' ['First Appellate Court' for brevity], whereby the Judgment and Decree, dated January 17, 2013 passed in O.S. No.12 of 2009 by the 'Subordinate Court, Chidambaram' ['Trial Court' for brevity] was confirmed.

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

(3.) It is averred in the Plaint that the Plaintiff's-Father - Krishnamurthy and First Defendant's-Father - Kuppusamy are cousins. The Second Defendant is the Plaintiff's-Brother's wife. The father of First Defendant left India at the age of 15 and permanently settled at Singapore and married one Mariammal there. They have one son viz., First Defendant, and four daughters. All the daughters are married and settled in Singapore. In 1 965, First Defendant's parents came to India and purchased some of the Suit Properties in their name separately and some in the name of First Defendant, who was then minor, and left India allowing the Plaintiff's-Father - Krishnamurthy to possess and cultivate the Suit Properties as cultivating Tenant. According to the Plaintiff, the Suit Properties were cultivated by his Father - Krishnamurthy, as a Tenant since 1965 under agreements with the First Defendant's parents, who were permanent residents of Singapore and on April 27, 1982, First Defendant's-Mother entered into a registered Lease Agreement with the Plaintiff's-Father in respect of the Suit Properties.