G.R. SRIDHARAN Vs. R. DAMODHARAN

JUDGEMENT

(1.) The plaintiff in OS No.11 of 2004 on the file of the District Munsif Court, Tiruvallur, has come up by way of this Second Appeal, since the decree for declaration of title and injunction granted in his favour by the Trial Court was reversed by the Lower Appellate Court in AS No.48 of 2012.

(2.) The plaintiff sought for a declaration of his title and permanent injunction claiming that the suit properties belonged to his maternal uncle Rajaram Naidu, who purchased them under various Sale Deeds between 1949 and 1968. It is the case of the plaintiff that Rajaram Naidu had two wives, namely, Sulochana and Indumathi. He had no issues born out of both these wives. While Sulochana, predeceased Rajaram Naidu, Indumathi survived him. The said Rajaram Naidu lived along with his brother's children Sriramalu and Srinivasan. It is also claimed that Rajaram Naidu executed a Will on 02.04.1998 appointing his brother's son Sriramalu as an executor. Rajaram Naidu eventually died on 04.05.2001. The executor namely, Sriramalu, died on 18.10.2002, without taking any steps to obtain probate for the Will dated 02.04.1998.

(3.) The properties were bequeathed to Indumathi for life and the children of Lokaiya, brother of Rajaram Naidu were to take the properties after the life time of Indumathi. Even during the life time of the executor, namely, Sriramalu, he had allowed the plaintiff to cultivate the suit properties by executing a Power of Attorney along with Indumathi, the second wife of Rajaram Naidu, and his brother Srinivasan. The plaintiff was enjoying the properties as the power agent of the executor as well as the legatees. On the death of Sriramalu on 18.10.2002, his wife and daughters who were residents of Chennai, requested the plaintiff to purchase the properties. The plaintiff also agreed to such a course and paid the necessary consideration and purchase the suit properties from the wife and daughters of Sriramalu and Indumathi, the second wife of Rajaram Naidu, under the three Sale Deeds dated 22.09.2003, Srinivasan the brother of Sriramalu, figured as an attesting witness to all the three sale deeds. Claiming that the plaintiff has been in possession of the suit properties as the power agent prior to the Sale Deeds and as owner on and from 22.09.2003, the plaintiff sought for a declaration of his title and permanent injunction, inasmuch as, the defendant who is the brother of the plaintiff attempted to interfere with the possession of the property.