LAKSHMI AMMAL Vs. LAKSHMANAN

JUDGEMENT

(1.) THE appeal arises out of the judgment and decree of the Court of the Subordinate Judge of Trichi in O.S. No.98 of 1978. THE first defendant is the appeallant.

(2.) THIS is a suit for declaration that the suit property belongs to the plaintiff and defendants 5 and 6, who are brothers and for recovery of possession and for meane profits past and future. The suit property, which is a house in Trichi Town, originally belonged to one Kuppuswami Chettiar, hereinafter referred to as the senior Kuppuswami Chettiar. By a deed of settlement dated 10-11-1987 the senior Kuppuswami Chettiar settled this property on his mother Akilandam Ammal and his wife Thayarammal alias Nacharammal for their lives without any power of alienation with the vested remainder on his heirs. The said senior Kuppuswami Chettiar died in 1930. His mother Akilandam Ammal died in or about March, 1943. Some months after her death, her daughter-in-law Thayarammal alias Nacharammal executed a deed of sale in respect of the scheduled property on dated 16-9-43 in favour of the first defendant. The settlor senior Kuppuswami Chettiar's great-grand father was one Venkatarama Chettiar. He had a brother by name Raman Chettiar, who adopted one Kuppuswami Chettiar, hereinafter referred to as the Junior Kuppuswami Chettiar as his son. As the presumptive heir to the estate of Senior Kuppuswami Chettiar, the junior Kuppuswami Chettiar filed a suit in O.S.No.560 of 1943 on the file of the District Munsif's Court, Trichy against Thayarammal alias Nacharammal and the first defendant herein for a declaration that the aforesaid deed of sale dated 16-9-1943 executed by Thayarammal alias Nacharammal in favour of the first defendant was not binding on him. The learned District Munsif held that the junior Kuppuswami Chettiar, the plaintiff in the aforesaid suit, was the nearest reversioner to the estate of Senior Kuppuswami Chettiar and granted the declaration prayed for. The appeal therefrom against in A.O.No.164 of 1945 on the file of the Subordinate Judge of Trichi filed by the defendants therein was dismissed and the judgment and decree of the learned District Munsif were confirmed. As per the aforesaid decision the sale executed by Thayarammal in favour of the first defendant will not ensure beyond the lifetime of the limited owner Thayarammal alias Nacharammal, who died on dt. 3-10-1976. The plaintiff and defendants 5 and 6 are the grandsons of the junior Kuppuswami Chettiar, the plaintiff in O.S. No.560 of 1943. The Junior Kuppuswami Chettiar by and under his last Will and testament dated 24-12-1966 bequeathod the scheduled property and other properties in favour of his grandsons viz., plaintiff and defendants 5 and 6. Even dehors, the will, the plaintiff and defendants 5 and 6 are the nearest reversioners to the estate of senior Kupuswami Chettiar on the death of his widow Thayarammal in 1976. The plaintiff and defendants 5 and 6 have therefore become entitled to the plaint scheduled property absolutely and hence the suit for declaration, for recovery of possession and for mesne profits past and future.

(3.) IN his additional written statement the first defendant also claimed acquisition of title by adverse possession.