SAKKUBAI AMMAL Vs. M GANESAN

JUDGEMENT

(1.) PLAINTIFF in O.S.No.458 of 1996 and the defendant in O.S.No.430 of 1996 on the file of District Munsif Court, Chengam have preferred the Second Appeal Nos.456 and 457 of 2000 respectively aggrieved against the judgment and decree made in A.S.Nos.39 and 38 of 1999 on the file of Principal District Court, Tiruvannamalai, dated 24.12.1999 setting aside the judgment and decree of the trial Court dated 24.12.1998.

(2.) THE case in brief for the disposal of both the second appeals is as follows: Plaintiff in O.S.No.430 of 1996 filed the suit for declaration and consequential property originally belonged to one Muthu Mudaliar alias Ganesan. Patta also stood in his name and he was paying the kist. THE plaintiff purchased the property from him for a sum of Rs.32,000 under a registered document dated 15.11.1988. Ever since the date, the plaintiff is in possession and enjoyment of the property and patta also got transferred in his name and paying the kist. THEre was already a mortgage in respect of the suit property. THE defendants are only the sisters of the vendor of the plaintiff. THEy have not right whatsoever in the suit property. THEy attempted to interfere in the possession of the plaintiff. Hence, the suit.

(3.) THE parties and the subject matter in both the second appeals are one and the same and as such, a common judgment is pronounced. THE parties will be hereinafter referred to as they are described in O.S.No.430 of 1996 to avoid confusion.