VELURAN @ MUTHUSAMY GOUNDER Vs. PERUMAL GOUNDER

JUDGEMENT

(1.) The Plaintiffs, who were successful in the Trial Court and unsuccessful in the First Appellate Court are the Appellants herein.

(2.) The Plaintiffs filed the suit for declaration that the suit properties belonged to them and for permanent injunction, restraining the Defendant from interfering with their possession and enjoyment of the suit property.

(3.) It was the case of the Appellants/Plaintiffs that the suit properties were purchased in the name of the first Appellant out of the income from the joint family and the suit properties were the joint family properties of the first Appellant. The Appellants 2 and 3, are the sons of the first Appellant. One Mr. Muthu Gounder, filed a suit in O.S. No. 1084 of 1969, for recovery of the amount on the basis of the promissory note against the first Appellant and the suit was decreed and in execution of the decree, the decree holder viz., Muthu Gounder, filed a petition being E.P. No. 344 of 1972 and brought the suit properties for sale.