AMSAVENI AMMAL Vs. JEEVARATHNAMMAL

JUDGEMENT

(1.) The above Second Appeal arises against the judgment and decree passed in A.S.No.109 of 1995, on the file of the Principal District Court, Thanjavur, confirming the judgment and decree passed in O.S.No.96 of 1990, on the file of the Subordinate Court, Kumbakonam.

(2.) The plaintiffs are the appellants and the respondents are the defendants in the suit. The brief case of the plaintiffs is as follows: The plaintiffs filed the suit in O.S.No.96 of 1990 for declaration and for recovery of possession. According to the plaintiffs, the suit property is originally belonged to one Swaminathan Chettiar, who is the husband of the first plaintiff and the father of the plaintiffs 2 and 3 and the third defendant. He died on 14.05.1985, leaving behind the plaintiffs and the third defendant as his legal heirs. Since he died intestate, the plaintiffs and the third defendant are entitled to the suit property. When Swaminathan Chettiar was alive, he leased out the suit property to one Murugesan, who is the father of the second defendant on a monthly rent of Rs.50/-. After the death of Murugesan, the defendants 1 and 2 continued to be in possession of the suit property as tenants. The defendants 1 and 2 disputed the rights of the plaintiffs over the suit property. The mother of Murugesan viz., Govindammal is not the wife of Swaminathan Chettiar. The defendants are causing damage to the suit property. In these circumstances, the plaintiffs have filed the suit.

(3.) The brief case of the defendants 1 and 2 is as follows: