AMUTHA DECEASED Vs. YOGESWARAN

JUDGEMENT

(1.) DEFENDANTS 1 & 2, who lost before the Courts below, have filed the Second Appeal aggrieved over the judgment and decree dated 28.03.2011 passed by the learned Principal District Judge, Vellore, in A.S. No.72 of 1997, confirming the judgment and decree passed by the learned Subordinate Judge, Tirupattur, dated 05.02.1997 in O.S. No.45 of 1992. Pending Appeal, both Appellants died and as such, their Legal Representatives were brought on record as Appellants 3 & 4.

(2.) RESPONDENTS 1 & 2 herein were the Plaintiffs before the Trial Court and they filed the Suit as against Appellants 1 & 2 as well as the 3rd Respondent herein as Defendants for declaration of their right, title and interest to the suit properties and also vacant possession of the said properties from the Defendants.

(3.) THE case of the Plaintiffs was resisted by the Defendants by filing separate Written Statement and stated that the suit properties originally belonged to one Subramani (the father of the 1st Plaintiff) and his brother Arumugam and they partitioned the family properties under a registered Partition Deed dated 31.12.1978 and in which, the suit properties and some other properties fell into the share of Subramani Chettiar, who entered into an agreement of sale with the 1st Defendant in respect of two items of the suit properties on 05.11.984 for a sum of `45,000/- and the 1st Defendant paid an advance of `20,250/- on the same day and agreed to pay the balance on or before 04.05.1985. Subsequently, the 1st Defendant has paid a sum of `8,500/- on 08.02.1985, `1,250/- on 11.11.1985 and `2,000/- on 01.09.1986 and the same were endorsed in the said Sale Agreement by Subramani Chettiar himself. After partition on 11.03.1985 between Subramani Chettiar and his son, the 1st Plaintiff, Subramani Chettiar has got half share in both items of suit properties and Subramani Chettiar, as per terms of Sale Agreement dated 05.11.1984, executed two Sale Deeds dated 26.11.1986 and 27.11.1986 in favour of the 1st Defendant has become the absolute owner of half share in both items of the suit properties by way of two registered Sale Deeds pursuant to the Sale Agreement dated 05.11.1984. THE 2nd and 3rd Defendants have recognized the 1st Defendant as owners off the half share and they have been paying half of the rent to the 1st Defendant. Two settlement Deeds executed by Subramani Chettiar in favour of the 2nd Plaintiff are not valid under law and not acted upon and possession was never given to the 2nd Plaintiff. Hence, the 2nd Plaintiff is not entitled to any share in the properties.