SUNDARAM Vs. AMIRTHAVALLI

JUDGEMENT

(1.) Second Appeal No.397/2008 has been preferred against the concurrent findings of Courts below decreeing Plaintiffs' suit for declaration of their title for 'A' & 'B' schedule properties and recovery of possession. As against the dismissal of counter claim filed by the Defendants, Second Appeal No.398/2008 has been preferred. Unsuccessful Defendants 1 to 3 are the Appellants. Respondents 4 and 5 are the Defendants 4 and 5 in the suit. For convenience, the parties are referred as per their array in the suit.

(2.) Plaintiffs and Defendants are related as under:- Kuppusamy

(3.) Suit property comprises two items - 'A' schedule property relates to Door No.29, Ranganathan street, T.Nagar, Commercial space 116.99 sq.ft. 'B' schedule property relates to Door No.5, Jothi Ramalingam street, 1500 sq.ft. Under Exs.A2 [23.12.1991] and A3 [21.06.1996] sale deeds, late Ellappan purchased the suit 'A' & 'B" schedule properties. After death of Ellappan on 06.11.2004, Plaintiffs [wife and daughters] as legal heirs of late Ellappan inherited the suit properties.