PATTAMMAL ALIAS PATTUAMMAL LUNATIC Vs. JAYALAKSHMI AMMAL

JUDGEMENT

(1.) PLAINTIFF in O.S. No. 354 of 1977, on the file of the District Munsif's Court, Thanjavur, is the appellant herein.

(2.) PLAINTIFF is a lunatic and is represented in the suit by her next-friend. PLAINTIFF and the first defendant are children of the one Appavu Ponnapoondar. He executed a Will on 4-7-1946, and the plaint mentioned property was allotted to the plaintiff under that will. Ex. A-1 is the Will. The first defendant, who is also a daughter of the testator was given some other properties.

(3.) FIRST defendant filed written statement wherein initially she denied that her sister (plaintiff) is a lunatic. She admitted that as per the Will, plaint property was alloted to the plaintiff. But her case is that the plaint property was given in exchange to her by her uncle, who was looking after the plaintiff before her marriage. It is said that the exchange was in 1962, and ever since that date, she is in exclusive possession, and that she has been dealing with the property as absolute owner. She claimed absolute right over the property of the ground of adverse possession and limitation also. Defendants 2 and 3 who claim right under the first defendant, supported her case and said that the right of the plaintiff was lost by adverse possession and limitation.