C TRIPURASUNDARI Vs. C ANANDASUNDARARAMAN

JUDGEMENT

(1.) The suit is one for declaration of title and for recovery of possession.

(2.) The suit property originally belonged to one Vavilla Subbamma, who had executed a registered Settlement Deed dated 30.06.1956, in favour of one Vedagiri Rama Sastry. The said Vedagiri Rama Sastry had sold a portion of the said property and settled the remaining portion in favour of his wife Vasantha Devi, under a registered Settlement Deed dated 07.11969. The plaintiff is the daughter of Vedagiri Rama Sastry and Vasantha Devi, the 1st defendant is their son. The defendants 2 to 6 are the tenants under the 1st defendant.

(3.) It is claimed that the said Vasantha Devi even during her life time, has executed a registered Will on 06.10.1988, bequeathing the property to the plaintiff absolutely. The plaintiff had filed O.P.No.742 of 1993 seeking for grant of Letters of Administration. The said original petition was converted as Testamentary Original Suit in T.O.S.No.6 of 1994, on a caveat being lodged by the 1st defendant. After contest the testamentary suit was decreed granting Letters of Administration with the Will annexed in favour of the plaintiff. The 1st defendant had challenged the said judgment in T.O.S.No.6 of 1994 in O.S.A.No.400 of 2001. The said appeal was also dismissed on 02.07.2008. After the dismissal of the said appeal, the plaintiff had issued a notice dated 15.07.2009, requiring the defendants to vacate and deliver vacant possession of the property to the plaintiff. The said notice was also addressed to the tenants. The 2nd defendant alone sent a reply claiming that he is a tenant under the 1st defendant and he is entitled to protection under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The plaintiff claiming that the possession of the 1st defendant after the grant of Letters of Administration in her favour would amount to illegal possession, sought for declaration of her title and recovery of possession.