MANGALAKSHMI AMMAL Vs. JANAKIRAMAN

JUDGEMENT

(1.) THE plaintiffs in O.S.No.416 of 1982 on the file of the District Munsif, Gingee, are the appellants in the second appeal. THEy filed the suit for declaration of their title to the suit properties and for permanent injunction restraining the defendant/ respondent from interfering with their possession and enjoyment of the suit properties.

(2.) THEIR case was as follows: The suit properties and other properties originally belonged to one Kuppa Kounder. Kuppa Kounder had two sons, Poongavana Kounder and Govindasamy. Poongavanam married the first plaintiff and a son by name Sampath was born to them. Poongavanam died leaving his wife and his son and as per the custom in the community, the first plaintiff married Poongavanam's brother Govindasamy, who was at that time unmarried. The second plaintiff was born to Govindasamy and the first plaintiff. Sampath died unmarried and his share was inherited by the first plaintiff. Govindasamy and the second plaintiff constituted a joint family. There was misunderstanding between Govindasamy and the first plaintiff. This was utilised by the defendant. He practised deception and fraud and induced Govindasamy to execute a sale deed in his favour. When Govindasamy came to know about the evil design of the defendant, he refused to sign the sale deed. After the death of Govindasamy, the defendant forged his signature in the sale deed and got it registered compulsorily. Taking advantage of the forged sale deed, the defendant attempted to interfere with the plaintiff's possession of the suit properties necessitating the filing of the suit.

(3.) THE respondent filed appeal in A.S.No.36 of 1988 before the Sub Court, Tindivanam. THE learned Subordinate Judge framed the following point for consideration: Whether the sale deed dated 4.9.1981 is true and therefore valid"