SAROJA Vs. ANJALAIAMMAL

JUDGEMENT

(1.) This Appeal is by the plaintiff in OS No.1099 of 1990, which was originally filed in the District Munsif Court, Virudhachalam. The same was transferred to District Munsif Court, Kattumannarkoil, and was renumbered as OS No.164 of 2001. The said suit was filed by the plaintiff seeking declaration of title and for permanent injunction restraining the defendants from interfering with her possession.

(2.) The case of the plaintiff as set out in the plaint is as follows: The suit properties numbering about 12 items originally belonged to the father of the plaintiff Chinnaswamy Padayachi. The said Chinnaswamy Padayachi had another daughter and one son Pattusami. It is stated that Pattusami predeceased Chinnaswamy Padayachi, leaving behind the defendants as his legal heirs, the first defendant is the wife and the second defendant is the daughter of the Late Pattusami. According to the plaintiff the said Chinnaswamy Padayachi was in possession and enjoyment of the suit property till his lifetime. On 08.05.1989, he executed a Registered Will bequeathing the suit properties to the plaintiff. The said Chinnaswamy Padayachi, died in March 1990 and his wife Periyammal died in April 1990. On the death of Chinnaswamy Padayachi, the plaintiff became the absolute owner in view of the Will dated 08.05.1989 and therefore, the plaintiff is entitled to the relief of declaration and injunction.

(3.) The suit was resisted by the defendant contending that suit items 4 and 11 have not been properly described. Suit items 1, 3 and 7 have been sold by Chinnaswamy Padayachi to the first defendant under the registered Sale Deed dated 12.06.1986. Suit items 2, 4, 6, 8 and 11 were settled by Chinnaswamy Padayachi in favour of the second defendant, who is the granddaughter. As regards suit 12th item, it was claimed that one Govindappa Padayachi has obtained a decree against the Chinnaswamy Padayachi in SC No.783 of 1973 and execution of the said decree, the suit item 12, was sold to one Rajamanicka Padayachi on 18.09.1974, and the said sale was confirmed on 02.02.1979. The said Rajamanicka Padayachi took possession of the property on 24.12.1979. Subsequently the said Rajamanicka Padayachi sold the property to the first defendant on 24.04.1987. Therefore, according to the defendants, the deceased Chinnaswamy Padayachi was not the owner of items 1, 2, 3, 4, 6, 7, 8, 11 and 12 on the date of execution of the Will.