BHUVANESWARI Vs. MURAHARI DIED

JUDGEMENT

(1.) SECOND defendant in O.S. 855 of 1978, on the file of the District Munsif's Court, Vridhachalam, is the appellant herein.

(2.) FIRST respondent herein as plaintiff filed the above suit for declaration of title and recovery of possession.

(3.) MATERIAL facts in the plaint may be stated as follows:- "B" schedule property is a portion of "A" schedule property. The "B" schedule property originally belonged to Ponnambalam Chetty by way of purchase. Ponnambalam Chetty executed a Will in favour of his adopted son Muthukumarasamy Chettiar in respect of B schedule and other properties. Muthukumarasamy died intestate leaving behind his brothers Subbaraya Chettiar, Somasundara Chettiar and Nagalingam Chettiar. The three brothers were in enjoyment of the same, and, after the death of Nagalingam Chettiar, Sub baraya Chettiar and Somasundara Chettiar were in enjoyment and they sold, the same to the plaintiff for a valuable consideration of Rs. 1,500/- under a registered sale deed dated 11.5.1964, and gave possession of the same. It is said that the first defendant has recently trespassed into a portion, and when demand was made asking him to surrender vacant possession, he denied the title. According to him, title was with the second defendant. Plaintiff further alleged that there was an earlier suit as O.S. 732 of 1964 filed by a third party claiming title over the plaint property. That suit was dismissed in favour of plaintiff. Since the first defendant refused to vacate in spite of demands, plaintiff filed the suit for the relief of declaration of title and recovery.