ARUNA DEIVAYANAI ACHIAPPAN Vs. VENKATESAN

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the first appellate Court in A.S.No.89 of 1997 (on the file of the Principal Sub Judge, Myladuthurai) confirming the judgment and decree of the trial Court in O.S.No.272 of 1987 (on the file District Munsif, Sirkali).

(2.) The fourth defendant in O.S.No.272 of 1987 is the appellant herein. The suit schedule property was mortgaged by Namachivaya Nadar and his sons Arunachala Nadar and Kulandaivelu Nadar in favour of Thirupurathammal as early as 04.08.1936 for Rs.100/- on condition of sale with right to redeem after expiry of 8 years. The plaintiff who is the grand son of Thirupurathammal has laid the suit for declaration of title and 1/4 share in suit property with the plea that the mortgagor Arunachala Nadar and others failed to redeem the property after the expiry of 8 years. Thus the property which was given into possession of Thirupurathammal, the mortgagee has become her absolute property by virtue of conditional sale and she had been in enjoyment of the suit property by leasing it out to various persons.

(3.) In the year 1972, the suit property was rented to the fifth defendant and he continued to be the tenant till Jule 1975. He vacated the premises after issuance of quit notice on the ground of default in payment of rent. Taking advantage of the absence of the landlord, one Dhanalakshmi Ammal broke open the suit premises and trespassed into the suit property. On complaint to the police, Dhanalakshmi Ammal started paying rent to Thirupurathammal and after her death to the plaintiff's paternal junior uncle Veeragavan. During the life time of Thirupurathammal, she executed a Will on 20.07.1976 bequeathing the suit property in favour of the plaintiff and defendants 1 to 3. Thus, the plaintiff is entitled to < share in the property.