PERIASAMY REDDY Vs. KOUSALYA

JUDGEMENT

(1.) PER contra, the learned counsel for the respondent would submit that the suit property was originally belonged to the respondent's husband Munusamy and after his death, the respondent is in possession over the suit property. It is further submitted that the deceased first appellant or his LRs are not entitled to any right in the suit property and they are not in possession of the suit property. The learned counsel pointed out that the above said alleged Ex.B1/agreement for sale is not true and valid document and the appellants have not proved the same as genuine document. The learned counsel further contended that in the pleadings it is not stated as the deceased first appellant was in possession as a lessee in the suit property, but at the time of evidence, the deceased first appellant has deposed as if he was tenant in the suit, even prior to the agreement of sale. Therefore, the above said contention is also not true, since the suit property was in possession of the respondent's husband/Munusamy and after his death the respondent is in possession and enjoyment over the suit property as LRs of the deceased Munusamy.

(2.) ADMITTEDLY , the appellants have not claimed any title over the suit property, but claimed only possession over the suit property as per Ex.B1/agreement of sale allegedly to have executed by respondent husband viz., Munusamy and his brother son Balaraman.

(3.) ON the side of the respondent produced Ex.A1 -Patta issued in the name of respondent husband viz., Kannan @ Munusamy, Ex.A2 -Chitta for Fasili year 1399 -1408, Ex.A3 -Adangal and Ex.A4 -Kist receipts. The above said documents would prove that the property lies in the name of Munusamy alone. Further the respondent has produced the documents issued in the name of respondent/Kousalya viz., Ex.A8 -Patta pass book and Ex.A9 -Kist receipts paid by respondent revealed that after the death of Munusamy, in the revenue records transferred in the name of respondent. On perusal of all the above said documents would reveal that the patta was originally issued in the name of the respondent husband/Kannan@Munusamy and after his death patta was transferred in the name of the respondent and she alone paying tax in her name. It is also revealed that the suit property was originally in possession of the respondent husband and after his death the respondent is in possession over the suit property.