AMEENA AMMA DEAD Vs. SUNDARAM PILLAI

JUDGEMENT

(1.) This is an appeal by the plaintiffs by special leave against the judgment of the Single Judge of the High court of Madras passed in Second Appeal No. 2050 of 1972 dated 27/10/1975 whereby the Single Judge set aside the decree of the court of Subordinate Judge, Nagercoil in Appeal Suit No. 33 of 1966 preferred against the decree of the court of the District Munsif of Nagercoil in Original Suit No. 605 of 1962.

(2.) According to the plaintiffs, on 30/05/1945 the plaintiffs purchased the suit property i. e. an extent of acres 0-37 cents with a building situated atnagercoil Town from one Parethuammal under registered sale deed and paid full consideration. One Swaminatha Pillai was in possession of the property, as a lessee under Parethuammal. As the possession was not delivered to the plaintiffs, they filed civil suit being 0. S. No. 555 of 1946 on the file of the District Munsif court, Nagercoil, for the recovery of possession after evicting the lessee Swaminatha Pillai. In this suit the owner Parethuammal and the lessee Swaminatha Pillai were impleaded as defendants 1 and 2. After the suit was filed, the plaintiffs learnt that Swaminatha Pillai, the lessee, sublet the property to one Subramania Pillai. Subramania Pillai was impleaded as defendant 3. Both the vendor and the sub-lessee (D-1 and D-3 remained ex parte. The suit was contested by the second defendant-lessee. The suit was dismissed on the ground that defendant 2 was not paid the amount spent by him for averting the sale of the property.

(3.) The plaintiffs preferred an appeal being A. S. No. 637 of 1961. In the said appeal, the contesting second defendant, the lessee, was only made as a party-respondent. The appeal was allowed and a conditional decree was passed for possession against the contesting second defendant. The condition was that the plaintiffs should pay Rs. 5,895. 00 to the second defendant with interest at the rate of 6% per annum.