M VAIDURAYAMMA Vs. P SURYANARAYANAN

JUDGEMENT

(1.) THE unsuccessful plaintiff in C.S. No. 216 of 1986, on the file of this Court, is the appellant before us.

(2.) THE suit was instituted in forma pauperis, and on dismissal of the suit, this appeal was filed by the appellant as an indigent person.

(3.) IN the written statement filed by 1st defendant, he denied the title of plaintiff over any portion of the property. According to him, the property originally belonged to Sakala Subbarayalu Chetty and Venkatesa Chetty, they having obtained the name as per an indenture dated 21.3.1889 from the Rt. Hon'ble Secretary of State for INdia in Council. Venkatesa Chetty executed a Will dated 18.7.1920, bequeathing his right over the property to his adopted son Venkatasubbiah Chetty, who died intestate, leaving his wife and two daughters, viz., Ranganayaki and INdira. According to the first defendant, there was a partition between the legal heirs of Venkatasubbiah Chetty on 12.12.1962 and the plaint schedule property was taken by INdira, who in turn executed a will on 6.6.1972, bequeathing the property to the first defendant in this case. It is further stated that for the last 60 years, the first defendant's predecessors have been in enjoyment of the plaint schedule property, and, even if the plaintiff had any right, title or interest over the suit property, the same is lost by long hostile adverse possession. It is also contended that the suit is barred by limitation. The first defendant also disputed the claim put forward by the plaintiff on the basis of various Wills.