VEL.JAYAKUMAR Vs. K. SONAIMUTHU

JUDGEMENT

(1.) The Second Appeal Nos.321 and 324 of 2020 have been filed by the second defendant in OS Nos.816 of 2004 and 401 of 2006 on the file of the District Munsif Court, Tiruppur, while Second Appeal No.328 of 2020 has been filed by the first defendant in OS No.401 of 2006 on the file of the 3/26 District Munsif Court, Tiruppur.

(2.) The suit in OS No.401 of 2006 was laid by the plaintiffs therein seeking a declaration that the decree in OS No.778 of 1990 dtd. 24/4/2000 is a nullity and therefore, not binding on them. OS No.816 of 2004 (OS No.490 of 2003 on the file of Sub Court, Tiruppur) was filed by the plaintiffs in OS No.401 of 2006 for a permanent injunction restraining the defendants therein from interfering with the possession of the plaintiffs of the suit properties.

(3.) The facts leading to the above suits are as follows: The suit properties originally belonged to one Kandasamy Gounder having been allotted to him under a Partition Deed dtd. 24/7/1964. The said Kandasamy Gounder had executed a Registered Will bequeathing 9 acres and 18 cents of land in Survey No.190, Pongupalayam Village, in favour of his three daughters Sarasu, Saroja and minor Nagarathinam. It is not in dispute that Kandasamy Gounder, died sometime in 1977. After his 4/26 death the daughters of Kandasamy Gounder, Sarasu, Saroja and minor Nagarathinam represented by her mother and the natural guardian Karunaiammal, executed three sale deeds conveying 5 acres of land in Survey No.190 in favour of one Muthusamy Gounder (2 acres), Karupathal (2 acres) and Arumugam (1 acre).