GURUVAMMAL Vs. VISVESWARAN

JUDGEMENT

(1.) Defendants 1 to 3 and 6 in the suit have come up in the Second Appeal challenging the concurrent findings of the courts below in granting the relief of declaration, recovery of possession and mesne profits to the plaintiffs/respondents 1 and 2 herein.

(2.) The case of the plaintiffs is as under:-

(3.) Defendants 1 to 3 and 6 filed a written statement contending as under:- Subbaian Chettiar had sold the suit property to Sangili through an unregistered sale deed dtd. 15/7/1985 and the said Sangili and his wife, the first defendant had settled the same in favour of their daughter the second defendant on 7/2/1997 and thereby the second defendant is the absolute owner of the suit property. The second defendant had also filed a suit in O.S.No.345 of 2006 on the file of the District Munsif, Theni against the Commissioner of Theni Municipality for assessing the property in the name of Subbaian Chettiar and the same was dismissed on 13/2/2007. The defendants denied the title of the plaintiffs and claimed adverse possession.