E.SUSEELA @ NIRMALA MARY Vs. D.R.LURTHUSAMY

JUDGEMENT

(1.) O.S.No.71 of 2015 was filed by the wife and son of late Erudayaraj as against the defendants D.R.Lurthusamy and D.R.Anthonysamy, who are the brothers of Erudayaraj. On the death of D.R.Lurthusamy, his legal heirs were brought on record. The suit was filed for a declaration of title based on the Will dtd. 7/4/1997 and for a consequential permanent injunction.

(2.) The defendants 1 to 3 through an additional written statement, made a counter claim seeking delivery of possession and consequential injunction stating that the suit property belongs to D.R.Lurthusamy, who had settled the property in favour of his sons (defendants 2 & 3) vide settlement deed dtd. 12/2/2013.

(3.) Erudayaraj, who is brother of D.R.Lurthusamy, was allowed to stay in the property along with family, since D.R.Lurthusamy, after serving in Army, joined the Civil Service and settled in Bangalore. He permitted his mother along with brother's family to stay in his property. The plaintiffs were only permissive occupants. They have no right or title in the property. Therefore, the defendants are entitled for recovery of possession.