P KAMALAM AMMAL Vs. MINOR GNANSASEELAN

JUDGEMENT

(1.) THE present Transfer Appeal suit 713/1999 arises out of O.S. No. 176/93 on the file of the Additional District Munsif Court, Tuticorin. C.R.P. No. 181/1996 arises out of O.S. No. 288/93 on the file of the same Court. THEre was a joint trial and the learned District Munsif dismissed the suit in O.S. No. 176/1993 and decreed the other suit, by a common judgment.

(2.) THE circumstances leading to the filing of the suits are as under: An extent of 1 acre 82 cents belonged originally to one Ponnusamy Nadar. He executed a sale deed under ExA.1 dated 17.5.1954 in respect of 1 acre 44 cents in favour of one Lakshmana Nadar. In respect of the balance extent, Ponnusamy Nadar executed a gift settlement under Ex.A.3 on 3.10.1966 in favour of the plaintiff in O.S. No. 176/93, they being respectively his wife and sons. Lakshmana Nadar, the purchaser under Ex.A.1, executed a settlement deed in favour of his daughter Kamalam Animal, the first plaintiff in O.S. No. 176/1993. THE plaintiffs in O.S. No. 288/93 obtained a sale deed under Ex.B.26, dt. 2.5.1993 from Ponnusamy Nadar in respect of an extent of 22 cents out of the total extent of 1 acre 82 cents. THE plaintiffs in O.S. No. 176/1993 alleging interference by the defendants therein filed the suit for injunction. THE second defendant in O.S. No. 176/1993 is the mother of minor plaintiffs 1 and 2 aunt of the third plaintiff in O.S. No. 288/1993. THEy filed the suit under Section 6 of the Specific Relief Act alleging forcible dispossession by the plaintiffs in O.S. No. 176/1993 and seeking recovery of possession.