SELVARASU KOUNDER Vs. SAHADEVA KOUNDER

JUDGEMENT

(1.) Defendant in O.S. No. 896 of 1994, on the file of Principal District Munsif's Court, Cuddalore, is the appellant.

(2.) Plaintiff is the father of the appellant, and the suit filed by him is to declare that the father continues to be the absolute owner of the suit properties, and for recovery of possession of the same from the very obstruction of the defendant, and for future profits till the properties are delivered to him.

(3.) Material averments may be summarised as follows :-Late Verdharaja Kounder was the father of the plaintiff, and, at the time of his death, there was only 6 cents of land (house-site) belonging to him. The same inherited by plaintiff and his two brothers. Each of them got two cents for their respective share. Except for this, plaintiff did not inherit anything from his father. Even these two cents, plaintiff has already sold. It is alleged that plaintiff's father-in-law Narayanasami had three daughters, and plaintiff's wife was the eldest. Narayanaswami was possessed of some Lands and, after his death, the daughters sold the property and all of them came to the village where plaintiff was also residing. The sale proceeds of the property were given to the plaintiff, and he used the same for purchase of properties. Apart from that, he was also cultivating properties of third parties on lease, and from the income so derived, he was able to acquire properties. It is said that the properties mentioned in the plaint schedule belong to the plaintiff absolutely, and none else has any right to the same.