VEERUMANDI Vs. MAYEE

JUDGEMENT

(1.) THIS Second Appeal has been preferred against the judgment and decree of the Third Additional District Judge, Madurai, dated 9.10.1990 made in A.S.No.181/1987 confirming the judgment and decree of the trial court namely, the court of District Munsif, Thirumangalam, dated 18.8.1987 in O.S.No.601 of 1984, on the file of the said court. The first defendant in the original suit is the appellant in the Second Appeal.

(2.) ONE Duraisamy who is the sole plaintiff had filed the original suit on the file of the District Munsif, Thirumangalam for the relief of declaration of his title in respect of the suit properties, for recovery of possession and for recovery of mesne profits in respect of the suit properties. According to the plaint averments, the suit properties were purchased by late. Andi Thevar with the help of his own funds in the name of his wife Vanappetchi. The said Andi Thevar predeceased is wife Vanappetchi and on the death of Venappetchi 2 years prior to the filing of the suit, the said plaintiff as the sole legal heir of Vanappetchi became entitled to the suit properties. The further contention of the plaintiff was that the appellant herein/first defendant in the original suit who is the brother of the deceased Vanappetchi took away certain title deeds and tresspassed into the suit properties in the first week of January 1984 and occupied the same.

(3.) THE learned District Munsif, Thirumangalam framed necessary issues and conducted trial in which four witnesses were examined and 6 documents were marked on the side of the plaintiff, whereas three witnesses were examined and 23 documents were marked on the side of the contesting defendant, the appellant/first defendant. At the conclusion of trial, after going through the evidence in the light of the arguments advanced on either side, the learned District Munsif, Thirumangalam came to the conclusion that the contention of the first defendant that there was a customary divorce by which the relationship of husband and wife between Andi THEvar and Vanappetchi had been brought to an end was not substantiated by appellant/first defendant and that as per Section 15 of the Hindu Succession Act, the plaintiff/Duraisamy THEvar was the sole legal heir of Vanappetchi entitled to succeed to the suit properties namely the properties of Vanappetchi. Accordingly the learned District Munsif, Thirumangalam allowed the suit and granted a decree for the reliefs of declaration, possession and mesne profits.