SAROJINI Vs. VEERALAKSHMI AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 28.11.2008, passed in A.S. No. 23 of 2008 on the file of learned Subordinate Judge, Sivakasi, confirming the judgment and decree dated 13.11.2006, made in O.S. No. 18 of 2004 on the file of learned District Munsif, Sattur.

(2.) The appellant in the present appeal preferred a suit in O.S. No. 18 of 2004 before the learned District Munsif, Sattur against the respondents for a judgment and decree of declaration and recovery of possession.

(3.) In the plaint in O.S. No. 18 of 2004, it is the case of the appellant as plaintiff that the suit schedule properties were originally belonged to Veerappa Naicker @ Veerasamy Naicker. The said Veerappa Naicker @ Veerasamy Naicker executed a Will in favour of defendants 1 to 3 on 24.08.1992 bequeathing the suit schedule properties. Veerappa Naicker @ Veerasamy Naicker had a brother, by name Ramasamy and the plaintiff is the second wife of the said Ramasamy and the first respondent is his daughter through the first wife. Later on, Veerappa Naicker @ Veerasamy Naicker executed another Will dated 25.03.1996 in favour of his brother Ramasamy, bequeathing the suit schedule properties in his favour and he died on 03.06.1996 and after his death, Ramasamy was in possession and enjoyment of the suit properties. On 04.04.1997 the said Ramasamy executed a registered Will in favour of the plaintiff with regard to the suit schedule properties. After his death, Will came into force and the properties vest with the plaintiff. On coming to know about the execution of sale deed dated 17.04.2000 in favour of the fourth defendant by defendants 1 to 3, in spite of the title in the name of the plaintiff, the plaintiff laid a suit seeking a decree of declaration of title and recovery of possession.