THANGAM @ CHELLAMMAL Vs. BALACHANDRAN

JUDGEMENT

(1.) The plaintiffs have has challenged the judgment and decree passed in A.S. No.128 of 2001 on the file of the Principal District Court, Nagercoil, by reversing the judgment and decree passed in O.S. No.307 of 1992 on the file of the Principal District Munsif Court, Nagercoil for the relief of declaration of title and for injunction.

(2.) The appellants as plaintiffs filed a suit for declaration and injunction stating that the property is self acquired property of one Sankarakumara Pillai. First defendant is the first wife of Sankarakumara Pillai and defendants 2 to 7 are his children born through his first wife. He also got married the first plaintiff on 07.03.1952. Out of their wedlock, the first plaintiff gave birth the second plaintiff and one daughter viz., Ushakumari. The said Ushakumari was given marriage. Sankarakumara Pillai was working as Sreekariem at Dewasom Board. He purchased the property in the year 1973 and he bequeathed the suit property on 02.09.1989 in favour of the plaintiffs. He died on 26.05.1991 and the Will came in to effect. While Sankarakumara Pillai was admitted in the hospital, he was forcibly taken by the relatives and if any document has been created, it would be only by force. The plaintiffs are in exclusive possession. Hence, their sought for the relief stated supra.

(3.) The defendants raised a plea stating that even though Sankarakumara Pillai executed the Will, that has been cancelled as per cancellation of Will dated 14.05.1991 and hence, the plaintiffs are not in possession and enjoyment of the property and hence, he prayed for dismissal of the suit.