R. MANOHARAN Vs. TIRUMALA TIRUPATHI DEVASTHANAMS

JUDGEMENT

(1.) This appeal suit is directed against the judgment and decree passed in O. S. No. 171 of 2007 on the file of the Additional District Judge[Fast Track Court No. II], Coimbatore dated 28. 09. 2010. The appellant is the 3rd defendant, who lost the suit to the plaintiff laid for declaration, delivery of possession and past and future mesne profits in respect of the suit schedule property.

(2.) Brief facts of the case is as follows:

(3.) As per the plaint, the suit property, which was purchased by one Palanisamy Naidu on 0 04. 1972, was in his possession and enjoyment till his death. Few months before his death, he renovated the property and reconstructed a new structure. Being his self-acquired property, he had bequeathed it to Tirumala Tirupathi Devasthanams, Tirupathi. His wife and son were living separately and their relationship with Palanisamy Naidu was not cordial. His attempt to re-unite with his wife and son did not materialise hence, he decided to bequeath the property to Lord Venkateswara of whom he was devoted throughout his life. He wrote a letter dated 01. 02. 2005 to Tirumala Tirupathi Devasthanams, Tirupathi expressing his intention to bequeath the property and sought advise. The plaintiff on receipt of his letter, replied stating that after execution and registration of the Will, the Will may be sent to his office for taking necessary action. Accordingly, Palanisamy Naidu had executed Will on 07. 0 2005. After his demise, his nephew Nandakumar informed to the plaintiff about Palanisamy Naidu will and his demise through the Will, the plaintiff has secured the property. The defendants 1 and 2 had no right to deal with the property, but had entered into transaction with 3rd defendant to defeat the right of the legatee secured the Will. Hence, the suit for declaration, possession and mesne profits.