NAGAPPAN Vs. AMMASAI GOUNDER

JUDGEMENT

(1.) This appeal by grant of special leave is directed against the judgment of the High Court of Judicature at Madras in Second Appeal No. 831 of 1992 wherein the High Court after reversing the judgment and decree passed by the first appellate court has dismissed the suit filed by the plaintiff-appellant. Nagappan, the appellant herein, is the son of Respondent 4 Periathambi @ Karuppana Gounder (father) and Respondent 5 Smt Karuppayammal (mother).

(2.) Respondent 4 executed a registered deed of settlement on 1.5.1963 in favour of the appellant and appointed Respondent 5 as his guardian as the appellant was a minor at that time. On 21.5.1963 a partition took place between Respondent 4, his father and his brother. The partition was effected by a registered deed of partition. By virtue of this deed the suit property came to be allotted to Respondent 4. According to the appellant, the combined effect of these two documents is that he became the absolute owner of the suit schedule properties.

(3.) On 6.7.1964, Respondent 4 created a mortgage (Exhibit A-3) of suit property in favour of Sellabba Gounder, his aunt's husband. On 6.6.1970 Respondents 4 and 5 sold Item 1 of the property vide sale deed (Exhibit A-4) in favour of Defendant 1. Further on 12.8.1970, Respondents 4 and 5 executed a sale deed (Exhibit A-5) in favour of defendant-Respondents 2 and 3 (defendant-Respondents 1 to 3 would hereinafter be referred to as "the vendee respondents"). During all this time, the appellant was a minor. After attaining majority and within the period of limitation, the appellant filed a suit claiming two main reliefs for: