PATTUSAMY GOUNDER Vs. PUSHPAVATHI AMMAL

JUDGEMENT

(1.) The appellants are the legal representatives of the deceased plaintiff. This appeal is directed against the concurrent findings of the courts below dismissing the suit for declaration of title and delivery of possession.

(2.) The parties are described as per their rank and status shown in the original suit.

(3.) The facts leading to the second appeal are as follows: The case of the plaintiff is that, he purchased the first item of property mentioned in the 'A' schedule from one Jayammal through sale deed dated 13.02.1974. The second item of the property mentioned in the 'A' schedule is situated on the North of the first item of the property. This property belongs to his father Krishnasamy Reddiar. During his life time, Krishnasamy Reddiar sold the second item of the property orally to the plaintiff. To the East of the second item of the property in the 'A' schedule, the ancestral property is situated with a house and garden. In the year 1965, the plaintiff remodeled his ancestral house. Krishnasamy Reddiar had a concubine by name Ammachi Ammal. Defendants 1 and 2 are the daughters of the said Ammachi Ammal. Krishnasamy Reddiar bequeathed a portion of his property at Alagramam to Ammachi Ammal and her daughters by way of a Will. They have no right over the other properties of Krishnasamy Reddiar. The plaintiff constructed a hut in the second item of the property, which is the 'B' schedule property. The plaintiff permitted defendants 1 and 2 to reside in the 'B' schedule property on the undertaking from defendants 1 and 2 to vacate it as and when the plaintiff requires it. When the plaintiff demanded 'B' schedule property, defendants 1 and 2 are making untenable claim over the property. Hence, the suit for declaration of title and delivery of possession.