CHANDRASEKARAN Vs. RAJESWARI AMMAL

JUDGEMENT

(1.) IN A.S.No.1129 Of 2004 This Appeal has been filed under Sec.96 of C.P.C. against the judgment and decree passed by the Additional District and Sessions Judge, Fast Track Court No.1, Chengalput in O.S.No.11 of 1999 dated 09.10.2003. Prayer IN A.S.No.1130 Of 2004 This Appeal has been filed under Sec.96 of C.P.C. against the judgment and decree passed by the Additional District and Sessions Judge, Fast Track Court No.1, Chengalput in O.S.No,34 of 2000 dated 09.10.2003.) Common judgment: The facts which are necessary for the purpose of disposing of the above two Appeals are as follows:

(2.) FOR the sake of convenience, the parties are referred to as per their rankings in the suit.

(3.) ACCORDING to the plaintiff, the suit property was originally purchased by his grand-mother Pattammal under a Sale deed dated 2.11.1958 out of the amount received by her and Ganapathy Naicker from the G.P.F. accumulations of Srinivasulu Naicker, the husband of Pattammal. Srinivasulu Naicker died on 9.1.1958. From the date of purchase, the suit properties were in possession and enjoyment of Pattammal and her son Ganapathy Naicker. After the death of Pattammal, Ganapathy Naicker was in possession and enjoyment of the same till his death. As the adopted son of Ganapathy Naicker, the plaintiff was also living with him in the property. The marriage of the plaintiff was arranged and celebrated by Ganapathy Naicker only. After the marriage, the plaintiff was living separately with his family in item No.1 of the suit schedule property. ACCORDING to the plaintiff, as Ganapathy Naicker was suffering from nervous disorder and as there was no possibility of getting any child, he was adopted as his son. After the death of Pattammal, on 21.8.1973, the plaintiff's mother did not claim any share in her mother's properties as her son (the plaintiff) was adopted by her brother Ganapathy Naicker. Further, there was a good relationship that was maintained by all the parties including the plaintiff's mother, her brother and her brother's wife i.e. the defendant in the suit.