MELCHIZEDEC Vs. JOHNSON APPADURAI

JUDGEMENT

(1.) This interlocutory application filed at the instance of the fifth respondent in A.S. No. 1118 of 2001 seeks amendment of the judgment and decree dated 25.6.2004 as the ultimate indication regarding the nature of disposal of the appeal was not in accordance with the finding.

(2.) The property, which was the subject matter of the suits in O.S. Nos. 50 of 1982 and 93 of 1984 on the file of the learned Subordinate Judge, Tuticorin originally belonged to one Andrews, who died leaving behind him, his wife Aniranjitham, daughter Suganthi, and Son George as legal heirs. He was an Indian Christian. Subsequently, Mr. George died leaving Glori Ammal, Julia Chandravathi and Prabavathy Rebakkal as his legal heirs. The legal heirs of Mr. George filed a suit in O.S. No. 50 of 1982 before the Subordinate Court, Tuticorin praying for a decree of partition and separate possession of their half share. The property which was the subject matter of A.S. No. 1118 of 2001 was shown as item No. 4 in the said suit.

(3.) Item No. 4 in O.S. No. 50 of 1982 was purchased by the first respondent as per registered sale deed dated 24.11.1980. The document was executed by Ms. Aniranjitham. The first respondent filed a suit in O.S. No. 93 of 1984 before the Subordinate Court, Tuticorin against the petitioner and Others claiming that he is entitled to the property on the strength of the sale deed. The suits in O.S. No. 50 of 1982 and 93 of 1984 were tried jointly and a common judgment was pronounced by dismissing the suit in O.S. No. 50 of 1982. The suit filed by the first respondent in O.S. No. 93 of 1984 for declaration and recovery of possession was decreed. The plaintiffs in O.S. No. 50 of 1982 filed A.S. No. 954 of 1988 before this Court. Similarly, the defendant in O.S. No. 93 of 1984 filed an appeal in A.S. No. 1118 of 2001.