SELVARAJ Vs. BALAJI

JUDGEMENT

(1.) Second Appeal No.1095/2007 has been preferred against the decree passed by the learned Principal District Judge, Pondicherry dated 18.04.2007 in A.S.No.14/2005 confirming the decree passed by the trial court, namely the Additional Subordinate Judge, Pondicherry dated 16.12.2004 in O.S.No.199/1999.

(2.) Second Appeal No.1138/2007 has been preferred against the decree passed by the learned Principal District Judge, Pondicherry dated 18.04.2007 in A.S.No.26/2005 confirming the decree passed by the trial court, namely the Additional Subordinate Judge, Pondicherry dated 16.12.2004 in O.S.No.287/1998.

(3.) O.S.No.199/1999 had been filed by Selvaraj, the appellant in S.A.No.1095/2007 against Balaji, the sole respondent/defendant for a permanent injunction. O.S.No.287/1998 had been filed by Sengeniammal, Dhanalakshmi and Amsavalli (at present no more). Amsavalli's legal representative is Karpagam, the second appellant in S.A.No.1138/2007. Sengeniammal also died and her legal representative is Porkilai @ Poorani, the third appellant in S.A.No.1138/2007. The said suit was filed for a declaration that the sale deed executed by them in favour of Karuppiah, the first respondent in the second appeal/first defendant was null and void, as the same was obtained by fraud and misrepresentation. Balaji, the sole respondent in S.A.No.1095/2007 (dole defendant in O.S.No.199/1999), who figures as the second respondent in S.A.No.1138/2007 had been shown to be the second defendant in the said suit O.S.No.287/1998.