MOHAMMED FAROOK Vs. GULSUM BIBI

JUDGEMENT

(1.) THE defendants are the appellants herein. THE suit has been filed by the respondents being the plaintiffs in O.S.No.317 of 1990 for declaration and for permanent injunction. THE said suit filed was decreed by the learned District Munsif, Paramakudi. THE appeal filed by the defendants in A.S.No.14 of 1994, on the file of the Subordinate Judge, Ramanathapuram was also dismissed. Challenging the judgments and decrees rendered by the Courts below against the defendants, the present appeal has been filed.

(2.) AT the time of admitting the Second Appeal, the following Substantial Questions of law have been framed:

(3.) THE Courts below have held that the gift deed having been executed on 26.08.1969, absolutely no steps have been taken by the father of the second plaintiff - Sulthan to cancel the same until 12.10.1982, after long time. If it is the case of the defendants that the said deed has been obtained by force and coercion, nothing prevented the donor to take steps within a reasonable time. THE Courts below have further held that Exs.A.2 to A.20 would clearly prove that the respondents being the plaintiffs are in actual possession and enjoyment of the suit properties apart from other properties. Patta has been changed in the name of the plaintiffs and in order to show the possession, P.W.2, who is a neighbour owning the lands has been examined, who has deposed in favour of the plaintiffs. THE Courts below accepted the evidence of P.W.2. It has been further held by the Courts below that the sale deed under Ex.B.1 has been hurriedly executed, a few days prior to the suit and the patta has been transferred within two weeks thereafter. THE Courts below considered the evidence of D.W.2, who made contrary statements regarding the possession of Sulthan over the suit property. THErefore, the Courts below have rejected the same on the ground that he has got no knowledge about the suit properties. THErefore, considering the voluminous evidence, both oral and documentary, the Courts below decreed the suit as prayed for.