S.RAJENDRAN Vs. KALAIVANI

JUDGEMENT

(1.) The appellant has filed the present Civil Miscellaneous Appeal under Order XLIII Rule 1 of Civil Procedure Code to set aside the fair and decreetal order dated 29.04.2019 passed in I.A.No.2 of 2019 in O.S.No.37 of 2019 passed by the learned Principal District Judge, Cuddalore by allowing the appeal.

(2.) The appellant is the plaintiff and the respondents are defendants in the suit in O.S.No.37 of 2019 on the file of learned Principal District Judge, Cuddalore. According to the appellant, the suit property originally belonged to one Govindasamy Padayachi and one M.Ethirajalu purchased the same from the said Govindasamy under a sale deed dated 30.11.1960. The said Ethirajalu had two wives, namely, Adilakshmi and Govindammal and Adilakshmi had no issues and two daughters, namely, Saroja and Kalaivani/1st respondent were born to Ethirajalu and Govindammal. The said Saroja died on 28.04.1994 and the 2nd respondent, viz., Ramasamy is the husband of the said Saroja and the respondents 3 to 5 are son and daughters of the said Saroja respectively. Besides that, Ethirajalu's First wife Adilakshmi was employed as a head nurse in Government Headquarters Hospital, Cuddalore and her sister, viz., Lakshmi was employed as a teacher in Government Girls High School, Thirupapuliyur. Both the sisters were also in possession of the suit property.

(3.) Further, the case of the appellant is that the said Lakshmi mortgaged the suit property to one Gulab singh Gulecha for Rs.10,000/- and both the sisters executed a mortgage deed in favour of said Gulecha on 16.08.1972 and said Gulecha had assigned the bogiam deed infavour of Chandra by a deed dated 26.04.1973. Again, the said Lakshmi borrowed Rs.10,000/- from Chandra and executed second bogiam deed over the suit property on 13.02.1976. Further, the said Adilakshmi Ammal and her sister Lakshmi had entered into an agreement of sale on 16.08.1980 and her sister Lakshmi had entered into an agreement of sale on 16.08.1980 with Pakkirisamy Mudaliar. It was an unregistered document.