C M RAGHUPATHI DIED Vs. MANGALAKSHMI AMMAL DIED

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree passed by the learned Additional subordinate Judge, Cudallore in A.S.No. 8 of 1992, dated 29.4.1992 reversing the judgement and decree passed by the learned District Munsif, Cuddalore in O.S.No. 276 of 1990, dated 26.8.2991, the plaintiffs have field the second appeal.

(2.) THE facts leading to the filing of the second appeal are as follows : a. THE original ancetor Gajjalu Chinnasamy Naidu had two sisters, namely Kothanayaki Ammal and Krishnammal. Gajjalu Chinnasmay Naidu and his wife Thayarammal had no issues. THE plaintiffs 2 to 4 are the sons of C.M. Venkatrangan Naidu, who is the son of Kothanayaki Ammal and Narayanaswamy Naidu. THE other sister Krishanammal had three sons, namely, C.M. Rangayanakaly Naidu, Sriramulu Naidu and Lakshmanaswamy Naidu. While C.M. Ranganayakaly had two sons namely, C.M. Sethuraman and C.M. Narasimbaly. Srimulu Naidu had no issues. THE first plaintiff is the son of Lakshmanaswamy Naidu. No sisters sons of the original owner Gajjalu Chinnaswamy Naidu are anymore. On 18.4.1906, Gajjalu Chinnaswamy Naidu executed a will in favour of has wife and his sisters sons. THE suit property is an ancestral property in which the body of the father of Chinnaswmay Naidu was buried and samadhi was erected. To maintain the said Samadhi, the said Chinnaswamy Naidu formed a Trust dedicating the suit property to the said Trust. As per the will, after the death of Thayarammal, CV.M. Sriramulu, who is the son of Krishnammal, managed the suit property. After the death of the said Sriramulu Naidu, C.M. Narasimhalu Naidu, who is the son of C.M. Ranganayakalu Naidu has sold the property to the defendant on 3.5.1985, which is illegal and invalid. As per the will of Chinnaswamy Naidu, no one has any right either to alienate or to sell the suit property to anyone as the whole property was dedicated to the Trust. Hence, the plaintiffs after giving a notice dated 23.5.1989 to the defendant who has given a reply dated 31.5.1989, filed the above said above said suit for the following reliefs. a To declare that the suit properties are trust properties. b To direct the defendant to surrender possession of the suit property to the plaintiffs. and c To direct an enquiry under Order 20Rules 12 regarding mesne profits from the date of plaint till delivery of possession.

(3.) THE appellants in this appeal are the plaintiffs in O.S.No.267 of 1990 on the file of the District Munsif Court Cuddalore, wherein, the appellants/plaintiffs filed a suit against the defendant for declaration and recovery of possession. THE first plaintiff is the son of Lakshamanasamy. THE plaintiffs 2 to 4 are the sons of venkatrangan Naidu and grandsons of kothainayagiammal. One Sriramulu, who was the brother of Ranganayakalu, maintained the suit property till his death. THE said Sriramulu performed the rights referred to in Ex.A.1. He died on 23.2.1977. After the death of Sriramulu Naidu one Narasimhalu managed the said Trust created by Gajjalu Chinnasamy Naidu under Ex.A.1 dated 18.4.1906. THE said Narasimhalu sold the property to the defendant under Ex. B5, 3.5.1985.