MUTHUPILLAI Vs. A THIRUMALAI

JUDGEMENT

(1.) THIS appeal is by the 2nd defendant, who failed in both the courts below. The suit property originally belonged to one Sri Ranga Nachiar Ammal, who purchased it under a sale deed, dated 5-12-1939. Her husband Alagia Singam Iyengar died in July, 1931. It is the case of the plaintiff that he executed a Will, empowering his wife to adopt any one of the sons of her brother. That Will was executed on 9-5-1931, the registration copy of which is marked as Ex. A-2. Thereafter, Sri Ranga Nachiar purchased the property under Ex. A-1. She executed a settlement deed in favour of her sister under Ex. A-4 dated 29-5-1942, giving her a life interest, with a provision for reversion to her heirs, after the death of the life-estate holder. On 1-6-1941 Sri Ranga Nachiar adopted the plaintiff, who was a son of her brother, and a deed of adoption was executed and got registered, registered copy of which is marked as Ex. A-5. Sri Ranga Nachiar died on 25-3-1943.

(2.) ANDAL Ammal, the life-estate holder, executed a mortgage under Ex. B-20 on 19-12-1964. There was a suit on the mortgage in O.S. No. 259 of 1967, on the file of the District Munsif, Sri Villiputhur. A decree was passed in the suit and the property was brought to sale. The Court auction was held on 18-7-1968 and the sale certificate was issued in favour of the 1st defendant on 25-12-1968, under Ex. B-2. He took delivery on 15-2-1969, under Ex. B-3, and sold the same to the 2nd defendant on 6-2-1969 under Ex. B-1.

(3.) THE suit was resisted by the defendants by putting the plaintiff to strict proof of the claim that he was adopted by Sri Renga Nachiar. According to the defendants, the plaintiff is also bound to prove that authority was given to Sri Renga Nachiar, by her husband, to make an adoption. THE plaintiff has produced registered copies of the Will executed by Alagia Singam Iyengar and the adoption deed. He has also produced the suit register extract (Ex. A-8) of O.S. No. 60 of 1947, on the file of Sub Court, Madurai. It was a suit for declaration of the plaintiff's right as adopted son of Sri Renga Nachiar and, therefore, entitled to one half share of the estate of the partnership run by Sri Renga Nachiar and her brother who was the defendant in that suit. THE plaintiff has also produced several other documents to show that he was in enjoyment and he was dealing with other properties, which belong to Sri Renga Nachiar, having been purchased by her under Ex. A-21 on 9-2-1942. He has produced a patta to show that his title was recognised by the revenue authorities. THE plaintiff has given evidence in support of his case in which he has stated that the attestors and the scribe of the Will and also the attestors and the scribe of the adoption deed were dead. As regards the original documents, he has stated that he filed the same in support of his case in O.S. No. 60 of 1947, Sub Court, Madurai, but did not take return of the same. He applied for return of the documents only in 1983, after the present suit was contested by the defendants. THE Sub Court has returned the application by pointing out that the documents were destroyed. That is evident from Ex. A-45.