PERUMAL PILLAI Vs. KUPPAMMAL

JUDGEMENT

(1.) Defendants 1 to 9 in O.S.No.331 of 1975, Sub Court, Coimbatore, are the appellants in this second Appeal. That suit was laid by the respondents herein praying for a declaration that they are the owners of the suit property and for directing the appellants to deliver possession of the same and also for recovery of a sum Rs.1,000.00 towards past profits and future profits at Rs.350.00per annum.

(2.) The facts leading to the institution of the suit are as under: According to the respondents, the suit property belonged to Marudachalam Pillai, who obtained it under a registered Will executed by his wife Ponnammal in his favour on 12th July, 1947. In turn, Marudachalam Pillai executed a registered will on 28th January 1959 bequesthing properties in favour of his two sons Nanjappa and Vedamuthu. The suit property described as Kadai Veedu fell to the share of Nanjappa. On the death of Marudachalam Pillai in 1964, Nanjappa took possession of the property and was managing the same till his death on 24th December 1972. The second appellant is the sister of Nanjappa and the first appellant is her husband and the other appellants are their children. The first appellant took possession of the suit property as a tenant, but was irregular In the payment of rents. Steps taken by the respondents to secure an order of eviction against the appellants were of no avail and the first appellant set up an oral gift of the suit property in favour of his wife and she in turn purported to settle the suit property upon appellants 3 to 9 under a settlement deed dated 1st April 1973. According to the respondents, appellants 1 and 2, by setting up an oral gift and also attempting to settle the properties in favour of others, had cast a cloud on the title of the respondents to the suit property. It was on the aforesaid grounds that the respondents instituted the suit praying for the reliefs set out earlier.

(3.) In the written statement filed by the first appellant adopted by others, while accepting that the suit property belonged to Marudachalam Pillai under the terms of a registered will executed by his wife Ponnammal dated 20th July 1947, they disputed that the suit property had been bequeathed in favour of Nanjappa. They also put forth a case that Marudachalam Pillai and Ponnammal orally gifted the suit property to the second appellant as the value of the property was less than Rs.100.00 and that appellants 1 and 2 had been in possession and enjoyment of the property for over 40 years and had also improved the same by incurring an expenditure of nearly Rs.10,000.00. The second appellant claimed that she had every right to settle the suit property and the settlement deed in favour of respondents 3 and 9 was executed in the exercise of her rights over the suit property. The suit itself was characterised as one intended to harass the appellants. In an additional written statement filed by appellants 1 and 2, they put forth a plea of acquisition of prescriptive title by reason of their possession and enjoyment of the suit property pursuant to the oral gift made by the parents of the second appellant.