S.KUPPA BAI Vs. SARASWATHY

JUDGEMENT

(1.) The appellant is the plaintiff in a suit for declaration of her right and title to the suit property and for delivery of possession of the same.

(2.) The case of the plaintiff is as follows:-

(3.) During the pendency of the suit, the first defendant died and the second defendant being the wife of the first defendant contested the suit by filing a written statement. It is her contention that Ramaswamy Naidu, viz., paternal uncle of the plaintiff, orally gifted the said property to her husband, viz., the first defendant about 65 years back and from that time onwards, the first defendant was in possession and enjoyment of the suit property till he executed a registered Settlement Deed dated 16.8.1995 in favour of the second defendant. She further contended that the second defendant is in possession and enjoyment of the suit property in pursuance of such settlement also by prescribing title through adverse possession, since the plaintiff having known about the Settlement Deed executed by the first defendant in favour of the second defendant as early as in the year 1985, has not chosen to challenge the same and dispute the possession of the second defendant at any point of time.