R PARVATHY Vs. LALITHA

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 18.7.1995, made in A.S.No.122 of 1994, on the file of the District Court, Nagapattinam, reversing the judgment and decree of the District Munsif Court, Nannilam, dated 7.4.1994, made in O.S.No.161 of 1991.

(2.) THE plaintiff in the suit in O.S.No.161 of 1991, is the respondent in the present second appeal. THE plaintiff had filed the suit before the District Munsif Court, Nannilam, praying for a decree to recover possession of the schedule mentioned property from the defendant therein, who is the appellant in the present second appeal.

(3.) IN the written statement filed on behalf of the defendant it has been stated that the defendant is the wife of Krishnamurthy. The defendant had given birth to two female and two male children through Krishnamurthy. Krishnamurthy had obtained the suit property by his own earnings. After the death of Krishnamurthy the defendant and his other legal heirs have been in enjoyment of the suit property. The claim of the plaintiff that her son is having a tea shop in the suit property is only a figment of imagination. Before the death of Krishnamurthy, when he was in a disposing state of mind, he had written a Will, dated 28.12.1988, in favour of the defendant. The house tax receipt has also been changed in the name of the defendant. The tiled house in the suit property has been built by the defendant, at her own cost. Therefore, the plaintiff does not have any right in the suit property. Further, the suit property belongs to the defendant by way of adverse possession. IN such circumstances, as the suit is not maintainable, it is liable to be dismissed with costs.