S.THANU PILLAI Vs. GANGAMMAL

JUDGEMENT

(1.) Being aggrieved by the dismissal of a suit for declaration of title, recovery of possession of ''B'' schedule property, mandatory injunction to remove the illegal construction made by the defendant in the suit 'B' schedule property and for other reliefs, the plaintiff is on appeal.

(2.) According to the plaintiff, the suit property belonged to his father Sankaralingam Pillai and even during his life time, he has divided the suit properties and allotted a particular share to each of his children, through his 'Will', dated 3.5.1996. It is also claimed that the heirs of the said Sankaralingam Pillai have accepted the said division made by him and the plaintiff is in possession of 1-1/6 cent towards his share. Contending that the defendants have trespassed into the property and put up construction, the plaintiff sought for the relief as aforesaid.

(3.) The defendnants resisted the suit. While accepting the relationship between the parties, defendants would contend that there is no partition effected and the parties were in joint possession of the property in question. Therefore, the plaintif is not entitled to seek declaration that he is the absolute owner of a specific extent of the property, having specific boundaries. It was also further contended that the suit property being the ancestral property of Sankaralingam Pillai, he had no right to execute a 'Will'. It was also admitted that the plaintiff has a share to the properties of Sankaralingam Pillai.