MINOR PALANIVELU Vs. SADASIVA PADAYACHI DIED

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Additional Subordinate Judge in A.S. No. 58 of-1983 in reversing that of the learned District Munsif,Panruti in O.S. No. 166 of 1982. The plaintiffs in the suit are the appellants in the above second appeal.

(2.) THE suit was filed for declaration of title of the property in favour of the plaintiffs, for permanent injunction restraining defendants 1 to 3 from interfering with the plaintiffs" possession, to put the plaintiffs in possession of suit item No. 4 free from obstructions of the first defendant, to put the. plaintiffs in possession of suit items 1 to 3 free from obstructions of defendants 1 to 3 and for future mesne profits.

(3.) AT the time of admission of the second appeal, the following substantial questions of law have been framed for consideration. "1. Whether the surrender deed executed by the 4th defendant in favour of the plaintiffs effacing herself is not valid as per the dicta of the Supreme Court in A.I.R. 1954 S.C. 61 and Natvarlal v. Dadubhai , 1960 S.C. 1118? 2. Whether defendants 1 and 2 have discharged their burden of proof in proving that the sale deeds in their favour are valid and duly executed? 3. Whether there is any real or valid deference between the rights of a holder of Limited Estate under a document as against a Limited Estate Holder in law for the purpose of effecting a surrender in favour of the ultimate beneficiaries?"