GOVINDA NAIDU DIED Vs. KRISHNAN

JUDGEMENT

(1.) SECOND Appeal filed under Section 100 of Civil Procedure Code against the Judgement and Decree dated 22.3.1993 made in A.S.No.11 of 1989 on the file of the Subordinate Judge's Court, Tiruvellore by reversing and partly modifying the Judgement and Decree dated 30.11.1988 made in O.S.No.332 of 1983 on the file of the District Munsif Court, Ponneri. 1. The plaintiff in O.S.No.332 of 1983 is the appellant in the SECOND Appeal.

(2.) THE suit was filed by the appellant for declaration that he is the absolute owner of the suit property and for injunction. THE case of the appellant was that the suit properties and other properties belonged to him and his brother Somiah and 40 years prior to the filing of the suit, they orally partitioned their properties and were enjoying the properties allotted to them under the said oral partition and thereafter, his brother Somiah sold the properties which were allotted to him to the plaintiff under a registered sale deed dated 3.7.1947 for valuable consideration and his brother Somiah was having only a house site with him after the sale of the properties to the plaintiff and the plaintiff became the absolute owner of the properties and he is enjoying the same. THE 1st defendant is the widow of his brother Somiah and as she issued a notice claiming her share in the suit properties and attempting to interfere with the plaintiff's peaceful possession and enjoyment of the suit properties the suit was filed for declaration and injunction.

(3.) THE following substantial questions of law were framed at the time of admission of the Second Appeal by this Court: