P.CHIDAMBARAM Vs. CHELLIAH

JUDGEMENT

(1.) Aggrieved over the judgment of the first Appellate Court, reversing the findings of the trial Court, the present second appeal is filed.

(2.) The parties are referred to as per their rank before the trial Court.

(3.) The brief facts, leading to file this Second Appeal, are as follows:- It is the case of the plaintiff that the suit property shown as L1, L2, L7, L8 and F1 and G is in possession and enjoyment of the plaintiff and the second defendant. Originally the suit property and the north eastern side property was owned by one Subramania Pillai and he has mortgaged the said properties to one, Paripooranam Chettiar, who is the father of the plaintiffs, in the year 1951 under Ex.A1, dtd. 9/11/1951. Thereafter, the mortgaged properties were sold to the mortgagee, Paripooranam Chettiar, through sale deed Ex.A2 dtd. 22/5/1958. Though the sale deed indicated that the entire mortgaged properties were sold to the plaintiffs' father, Paripooranam Chettiar, however, the suit property was not included in the sale deed due to oversight. Since the dispute arose between them the said Paripooranam Chettiar filed O.S.No.49 of 1963 for declaration. In the above suit, a compromise decree was passed wherein the suit properties was declared in favour of the father of the plaintiffs. Eversince, the date of death of the father of the plaintiffs, his legalheirs had control over the properties and the suit property was in possession of the plaintiff and the second defendant. The alleged sale of the suit property in favour of the first defendant is not correct and O.S.No. 510 of 1970 was also filed against the defendant and his predecessors in title, wherein declaration and injunction was granted in favour of the plaintiffs' father. Hence the suit.