RAJU Vs. KAMALASARASWATHY

JUDGEMENT

(1.) THE unsuccessful defendant in both the Courts below is the appellant. Pending appeal the sole appellant died and his L. Rs. have been brought on record as appellant 2 to 8. The respondents have filed the suit for declaration of title and also recovery of possession along with mesne profits in respect of the suit property, which is to the extent of 6 Acres and 68 cents along with the house and garden at Neelaganda Chettiyar garden in resurvey No. 241/102, 241/103 and 241/105 at Periyakalapet Village, Oulgaret commune, Pondicherry District, on the basis that the suit property originally belonged to her maternal grandfather, namely, Manjanee Gounder. The said Manjanee Gounder who is admittedly one of the sons of Rathinasamy Gounder died leaving behind him his two daughters Kanagammal and Janakiammal, out of whom the said Kanagammal's daughter is the plaintiff.

(2.) IT is the case of the plaintiff that between Janakiammal and Kanagammal there was a partition on 11. 05. 1959 marked as Ex. A. 4 under which the suit item was allotted to the share of the plaintiff's mother Kangammal along with other items and she was in possession. The said Kanagammal has executed a usufructuary mortgage in favour of one Loganathan on 01. 06. 1960 marked as Ex. A. 8 and on receipt of Rs. 1400/- he was put in possession. The said Loganathan who was trusted by the mother of the plaintiff, appears to have been dispossessed from the property by Ramu alais Rajagopal who is the defendant in collusion. Having given possession the said Loganathan,mortgagee has filed a suit in O. S. No. 366 of 1972 for a declaration that he is a mortgagee, which was dismissed and the appeal filed by him in A. S. No. 56 of 1974 also was dismissed on the basis that Loganathan as the mortgagee can only claim the mortgage money and not anything, since he has failed to prove his possession.

(3.) THE judgements in the said suit in O. S. No. 366 of 1972 and A. S. No. 56 of 1975 were marked as Ex. B2 to B5. The plaintiff's mother Kanagammal filed O. S. No. 120 of 1983 for redemption. In the mean time since the said Kanagammal also died. Based on a direction of the Civil Court in O. S. No. 120 of 1983 marked as Ex. A9 and A. 10 stating that the plaintiff's mother can file a suit separately to seek declaration in respect of the suit property the present suit for declaration and possession is filed.