J. RAMAJAYAM (SINCE DECEASED) & OTHERS Vs. RAJASEKARAN

JUDGEMENT

(1.) The defendants 2 to 5 and the legal representatives of the deceased 1st defendant in O.S.No.13 of 2006 have come up with this second appeal.

(2.) The suit in O.S.No.13 of 2006 was filed by the respondent herein seeking declaration of title and permanent injunction.

(3.) The case of the respondent is that the suit properties originally belonged to one Krishnasamy Padaiyatchi, son of Manikka Padaiyatchi through his first wife Muruvayee. After the death of Muruvayee, Manikka Padaiyatchi had married to one Dhanammal as his second wife and through her, he had begotten the defendants 1 to 5 in the suit. The Couple, namely Manikka Padaiyatchi and Murvayee have one more daughter viz., Pounambal, who is no more. The plaintiff is the brother's grand son of Manikka Padaiyatchi, namely Lakshmana Padaiyatchi. According to the plaintiff, since Dhanammal gave step motherly treatment to Krishnasamy Padaiyatchi, he was brought up by Lakshmana Padaiyachi. Thirumal, son of Lakshmana Padiayatchi and the father of the plaintiff had died at young age and therefore, Krishnasamy Padaiyachi has taken care of the family and he has also been shown as guardian of the plaintiff and other children of Thirumal. Therefore, out of love and affection he had towards the family of Thirumal, Krishnasamy Padaiyatchi executed a Will, bequeathing the properties to the plaintiff on 06.09.2004. Krishnasamy Padaiyatchi died on 17.09.2004. Therefore, according to the plaintiff, he had become the absolute owner of the properties as per the Will dated 06.09.2004 and the defendants who are the step brothers and sisters of Krishnasamy Padaiyatchi have no right over the suit properties. On the above contentions, the plaintiff sought for declaration of title and injunction.