KARUPPAYEE Vs. AYEE AMMAL

JUDGEMENT

(1.) THE plaintiff in O.S. No. 329 of 2005 is the appellant before this Court. The suit was filed by the plaintiff in O.S. No. 329 of 2005 before the District Munsif Court, Melur against the respondents for permanent injunction restraining the respondents herein from interfering with her peaceful possession and enjoyment of the suit property, namely a house.

(2.) THE case of the plaintiff is that the suit property originally belonged to her husband. The plaintiff and her husband lived together in the said house. The husband of the plaintiff after 10 years of marriage with the plaintiff, married the first defendant. Since the plaintiff opposed the marriage of her husband with the first defendant, the suit property was allotted to the plaintiff by the husband. Thereafter, the plaintiff and her son lived in the said house. House tax was paid in the name of the plaintiff's husband. The husband of the plaintiff kept the first defendant in a separate house. Five months before the filing of the suit, the husband of the plaintiff passed away and the plaintiff and her son performed the last rites to him. Now, the plaintiff is residing in her native village at Therkkutheru. The suit property has been in possession and enjoyment of the plaintiff for the past 40 years. While so, on 24.9.2005, the defendants attempted to break open the lock of the suit property in order to enter into the house. But the neighbours of the plaintiff thwarted the said attempt. As the defendants are claiming their rights as well as interfering with the plaintiff's possession of suit property, she has filed the above suit for the aforesaid relief.

(3.) THE said suit was resisted by the defendants on the ground that the plaintiff is the second wife of the husband of the plaintiff. The husband of the plaintiff by name Muniyan Ambalam married the first defendant about 40 years ago and begot two children through the first defendant. Therefore, the defendants 2 and 3 are the legal heirs of the late husband Muniyan Ambalam. According to the defendants, the plaintiff has no right whatsoever over the suit property and she has not given possession of the suit property. Further, the defendants have stated that there is a Will executed by late Muniyan Ambalam in favour of the defendants and as per that the defendants are the only lawful owners of the suit property.