R. SEGAR Vs. K.R. SUBRAMANIAN

JUDGEMENT

(1.) The unsuccessful defendant before the Trial Court as also before the First Appellate Court, is the appellant herein.

(2.) The specific case of the plaintiff, who is the respondent herein, is that 'A' schedule property is th portion of the larger extent of the house property bearing Door No. 59 in R.S. No. 232/1B, corresponding to Cadasral No. 642/27/31, 642/27/31/2, 642/27/31/3, 642/27/31/4 at East Coast Road, Periakalapet, Puducherry. The larger extent of 'A' schedule property is an ancestral house of the plaintiff's forefathers and it was commonly owned by four brothers, viz. Manickam Graminy, Pavadai Graminy, Thangavelu Graminy and Ramasamy Graminy. 'A' schedule property fell to the share of Pavadai Graminy, who executed a Notarial Will on 20.04.1963 in RV 302 No. 64, bequeathing the said property to one of his sons Pandarinathan. The said Pandarinathan sold 'A' schedule property to one Kothandam, S/o.Manjini by virtue of a French Notarial Sale Deed, dated 17.01965. Kothandam died intestate on 08.11988 and by virtue of the judgment and decree in O.S.No. 1215/1988 of the Principal District Munsif, Puducherry, his son, Premaraja was declared as the legal heir of the deceased Kothandam.

(3.) According to the plaintiff, the defendant is related to the said Premaraja and he was not having any permanent place of abode of himself.