MANGAIYARKARASI Vs. ANANDAN

JUDGEMENT

(1.) 0.66 cents land in S.No.39/1 at Kilminnal Village, Walaja Taluk, Vellore District is the subject matter of these two second appeals. Under a registered sale deed dated 07/02/1968, one Kairunnisa purchased the property from K.T.Haji Abdul Rashid Sahib and Kulsambi. Claiming title over the said property, two suits came to be filed. The first suit by Jayavelu (O.S.No.131/1996) and another by Anandan (O.S.No.143/1996). They both claimed Kairunnisa as their vendor. Alleging that she executed an agreement for sale in the year 1976 and a sale deed in the year 1979, Jayavelu sought for declaration of title and injunction. Alleging that she executed a registered sale deed in the year 1994, Anandan sought for declaration of title and recovery of possession.

(2.) The suit filed by Jayavelu Gounder before the Munsif Court, Ranipet in O.S.No.639/1994 was later transferred to the District Munsif Court, Arcot and renumbered as O.S.No.131/1996. Pending suit, Jayavelu died and his legal heirs got themselves impleaded to pursue the suit.

(3.) The case of the plaintiffs in the Suit O.S.No.131/1996 is that, Kairunnisa agreed to sell the suit property for Rs.11,000/- and received advance of Rs.2,000/- on 20/05/1976. After executing the sale agreement, she left to Bangalore handing over the possession and title document of the suit property to Jayavelu. On 20/05/1979, she received Rs.5,000/- towards part sale consideration and executed sale deed. She agreed to come for registration of the sale deed on receipt of the balance sale consideration of Rs.4,000/-. Jayavelu later paid Rs.4,000/-, but Kairunnisa, due to her ill-health was not able to come to Arcot for registration. However, Jayavelu is in continuous possession of the property since 1979 without any interruption. While so, Anandan trying to forcefully take possession of the property claiming title over the property through a fraudulent sale deed executed by Kairunnisa in his favour. Hence, suit for declaration and permanent injunction. Anandan filed a counter suit O.S.No.143/1996 against Jayavelu and others for declaration of title and delivery of possession on the basis of the registered sale deed dated 18/10/1994 executed by Kairunnisa through her Special Power of Attorney Abdul Majeeth after receiving sale consideration of Rs.19,800/-.