T S GANESAN Vs. PARVATHAM AMMAL

JUDGEMENT

(1.) THE second appeal has been filed against the judgment and decree, dated 15.2.1996, made in A.S.No.51 of 1994, on the file of the Additional Sub Judge, Mayiladuthurai, confirming the judgment and decree, dated 25.4.1994, made in O.S.No.364 of 1986, on the file of the District Munsif, Mayiladuthurai.

(2.) FOR the sake of convenience the parties in the appeal are referred to as they have been arrayed in the suit in O.S.No.364 of 1986.

(3.) IN the written statement filed by the defendant it has been stated that the suit is not maintainable both in law and on facts. The suit has been filed with a view to get unlawful gain and it is speculative and vexatious. Though the relationship of the parties is admitted and the fact that the will had been executed by Sethurama Iyer, on 4.9.1979, is also admitted, the interpretation given by the plaintiff regarding the Will has been denied as incorrect. The house property belongs to the defendant, absolutely. As per the Hindu Succession Act, 1956, even if only a life interest has been conferred in accordance with the terms of the Will it would enlarge into a full estate. Hence, the defendant is competent to deal with the house property as she likes. The provisions of Section 25(d) of the Tamil Nadu Court Fee and Suits and Valuation Act, 1955, cannot be applied in the present case. The relief asked for by the plaintiff relates to an immovable property which was worth more than one lakh of rupees. The plaintiff's right and title in the suit property is denied. The plaintiff ought to have valued the suit according to the market value of the suit property. The description, door number and serial number of the suit property are all incorrect. The plaintiff has filed the suit only with the intention of taking away all the belongings of the defendant and to leave her in indigent circumstances. The suit is not properly valued and the proper Court fee has not been paid. The suit has not been framed properly and it has not been filed in the proper forum. There is no cause of action for the suit and the plaintiff is not entitled to get any relief as prayed for in the suit. Hence, the suit has to be dismissed in limini, with costs.