S RAJENDRAN Vs. BOOJAMBIKAI

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and decree in A. S. No. 12 of 1997 on the file of the Court of additional District Judge, Nagapattinam. The defendants, who have lost their defence before the Courts below, are the appellants herein.

(2.) THE suit is for declaration of title and for recovery of possession in respect of 39 cents in r. S. No. 109/c-17, Nagapattinam Taluk.

(3.) THE averments in the plaint for the purpose of deciding this appeal sans irrelevant particulars are as follows: the plaint schedule property is 39 cents of punja land in R. S. No. 109/c-17 in Keevalur Village. The suit property originally belonged to Rethinathachi, the mother-in-law of the first plaintiff and grand mother of the plaintiffs 2 to 6, under the sale deed dated 16. 6. 1954. From the date of the said sale deed , rethinathachi was in possession and enjoyment of the suit property. She had also mortgaged the same to one Aravindha ammal on 18. 1. 1959 and subsequently, discharged the said mortgage. Rethinathachi had two sons viz. , D. Subramania pillai and D. Shanumughasundaram Pillai. Subramania Pillai looked after his mother and maintained her. The younger son shanumughasundaram also attended to her needs. Rethinathachi, out of her love and affection in favour shanumughasundaram Pillai executed a registered settlement deed dated 22. 4. 1964. The said settlement was accepted by shanmughasundaram Pillai and he was in possession of the plaint schedule property. At the time of execution of the above said settlement deed ,rethinathachi had handed over the original sale deed dated 16. 6. 1954 under which she had purchased the suit property and also she had handed over the earlier mortgage deed dated 18. 1. 1959 to Shanmughasundaram pillai. From the date of settlement deed, Shanmughasundaram pillai was in possession and enjoyment of the suit property in his own right. There are 14 yielding coconut trees in the suit property.