LAWS(MAD)-2010-6-355

GUNDUMALLI HEMAVATHY Vs. SRINIBAI

Decided On June 29, 2010
GUNDUMALLI HEMAVATHY Appellant
V/S
SRINIBAI (DIED) Respondents

JUDGEMENT

(1.) BOTH the second appeals, in S.A.Nos.510 and 512 of 2010, have been filed against the judgment and decree of the Subordinate Court, Poonamallee, dated 11.3.2010, made in A.S.No.67 of 2009, confirming the judgment and decree of the District Munsif Court, Poonamallee, dated 27.4.2005, made in O.S.No.1043 of 1988.

(2.) THE defendants 4, 5 and 14 in the suit, in O.S.No.1043 of 1988, are the appellants in the second appeal, in S.A.No.510 of 2010. Defendant Nos.37 and 38 in the said suit are the appellants in the second appeal, in S.A.No.512 of 2010.

(3.) IT had also been stated that during the year, 1983, the plaintiffs had come to know that there were some land acquisition proceedings in respect of the property concerned. A writ petition had been filed before the High Court of Judicature at Madras, in W.P.No.8200 of 1984, challenging the said proceedings. The writ petition had been allowed. While so, it was learnt by the plaintiffs that the defendants were taking active steps to sell the suit schedule property, situated in four survey numbers, with a total extent of 10.55 acres, to third parties, by misrepresenting that they are the owners of the property. In such circumstances, the plaintiffs had filed the suit, in O.S.No.1043 of 1988, on the file of the District Munsif Court, Poonamallee.