INDIRANI Vs. VAJJIRAVEL

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 29.02.2016 made in A.S.No.10 of 2015 on the file of the Sub Court, Arakkonam, confirming the judgment and decree dated 17.12.2014 made in O.S.No.118 of 2007 on the file of the District Munsif Court, Arakkonam.

(2.) The appellant who is the plaintiff in O.S.No.118 of 2007 on the file of the District Munsif Court, Arakkonam, challenging the concurrent findings of the Courts below has preferred the present Second Appeal. The appellant filed the said suit against the respondent/defendant for permanent injunction restraining him from interfering with her peaceful possession and enjoyment of the suit schedule property in occupation of tenant. According to the appellant, the suit property and other properties originally belonged to her father Ramasamy Mudaliar. He by the registered Will dated 27.01.1980, bequeathed the properties mentioned therein separately to the appellant/plaintiff, her mother, sister and brothers of her father. The suit property was not mentioned in the said Will. The suit property was allotted to her in the family arrangements arrived between her family members. She is in possession and enjoyment of the suit property by letting out to her mother's sister, Ponnammal. The respondent is son of her father's brother. On 13.04.2007, the respondent with the help of rowdy elements, attempted to disturb the appellant's possession and enjoyment of the property in occupation of her tenant and the same was resisted by the appellant and her relatives. Hence, she has come out with the present suit for the relief stated above.

(3.) The respondent filed written statement and denied all the averments and contended that as per the Will dated 27.01.1980, whatever movable or immovable properties and cash left out in the said Will belonged to the appellant's father will become the absolute properties of respondent's father. The respondent has become absolute owner of the suit properties and he is in possession of the same. He denied the title of the appellant and also denied that she is in possession and enjoyment of the suit property through tenant Ponnammal. There is no family arrangements as alleged by the appellant. The suit property and other landed properties are not allotted to the appellant in the family arrangements. Earlier the respondent has filed suit against the appellant in respect of the landed properties and obtained decree. The appellant suppressed this fact and filed the present suit and prayed for dismissal of the same.