SARKUNAVALLI Vs. VAIRAM

JUDGEMENT

(1.) The plaintiffs in O.S.No.55 of 2005 on the file of the II Additional Subordinate Judge, Madurai, are the appellants in this second appeal.

(2.) The suit was filed for partition and separate possession of 3/4th share in the suit property. There is no dispute that the suit property originally belonged to one Subbammal. She purchased the suit property under Ex.A.10 dtd. 25/4/1924. Subbammal passed away some 40 years back leaving behind her son Muthusamy and three daughters Petchiyammal, Gomathiyammal and Meenambal. The suit property was mortgaged (usufructually) by Muthusamy in favour of one Rajangam on 6/12/1969. Following the demise of Muthusamy, his wife filed redemption suit in O.S.No.583 of 1992. It was decreed and E.P.No.96 of 2004 was filed and the possession was also delivered to the legal heirs of Muthusamy by the legal heirs of the mortgagee who are none other than the appellants herein.

(3.) The case of the appellants/plaintiffs was that the suit property, following the demise of Subbammal, devolved in equal shares on her son and three daughters. The appellants had purchased 3/4th share from the legal heirs of the three daughters under Ex.A.1 dtd. 10/7/2000. Since the subsequent purchaser of an undivided share has to file a suit for partition, the present suit came to be laid. The Courts below had given a finding that Ex.A.1 is a valid document but still chose to non-suit the plaintiffs.