DR.LAKSHMI MURALI Vs. M.RAJAN

JUDGEMENT

(1.) The above second appeals arise out of the judgment and decree dtd. 10/1/2018 passed in A.S. No.24 of 2014 on the file of the learned 1st Additional District Judge, Thiruvallur, reversing the judgment and decree dtd. 3/6/2013 in O.S. No.126 of 2010 on the file of the learned Subordinate Judge, Thiruvallur.

(2.) The defendants 1 and 2 in O.S.No.126 of 2010 are the appellants in the above second appeals. The suit in O.S.No.126 of 2010 is filed by the respondent/plaintiff for declaration of title and for recovery of possession of the suit property from the 1st defendant and declare the sale deed in favour of the 2nd defendant by the plaintiff's father Manoharan and the sale deed in favour of the 1st defendant by the 2nd defendant as null and void and for permanent injunction restraining the 1 st defendant from alienating or creating encumbrances over the suit property.

(3.) According to the plaintiff in the above suit, the suit property originally belonged to one Neelammal, the grandmother of the plaintiff by virtue of a sale deed dtd. 12/6/1975. One Manoharan, father of the plaintiff is the only son of the said Neelammal. The suit property was in possession and enjoyment of Neelammal until her death. She executed a registered Will dtd. 1/9/1995 bequeathing the suit property in favour of the plaintiff. The said Neelammal died on 16/4/2000. The father of the plaintiff died on 3/3/2005 even during the life time of Neelammal, the suit property was let out for rent. After the death of Neelammal the plaintiff was collecting rents from the tenant in the suit property. While so, when the plaintiff visited the suit property in the first week of February 2006 for collecting rent, he was surprised to see that the tenants were evicted from the suit properties by the defendants. Immediately, the plaintiff applied for encumbrance certificate and came to know that the suit property was sold out by the plaintiff's father Manoharan to the 2 nd defendant through a registered sale deed dtd. 14/2/2005 and thereafter, the 2nd defendant sold the suit property to the 1st defendant vide sale deed dtd. 5/12/2005. Hence, the plaintiff issued a legal notice on 10/1/2008 to the defendants for cancelling the sale deeds and to handover the possession of the suit property. On 20/1/2008 the defendants have sent a reply notice denying the rights of the plaintiff in the suit property. Hence, the plaintiff filed the above suit.