KATHIRESAN Vs. M. MALAIRAJ

JUDGEMENT

(1.) This second appeal has been filed to set aside Judgment and Decree dtd. 12/3/2020 made in A.S.No.13 of 2016 on the file of Sub Court, Paramakudi confirming the Judgment and Decree dtd. 19/3/2014 made in O.S.No.124 of 2012 on the file of District Munsif Court, Paramakudi.

(2.) The appellants/plaintiffs had instituted a suit in O.S.No.124 of 2012 on the file of the District Munsif Court, Paramakudi to declare the suit property is belonged to the plaintiffs and consequently declaring the sale deed dtd. 31/7/2006 executed by the first defendant in favour of the second defendant is null and void and to grant permanent injunction against the defendants restraining them from interfering possession and enjoyment of the plaintiffs in the suit property.

(3.) It is the case of the appellants/plaintiffs that the suit property was originally belonged to plaintiffs' father namely T.P.Muthu enjoying it as his ancestral properties and he died on 14/8/1996. After the demise of the plaintiffs' father, the plaintiffs are enjoying the property jointly. The suit property comes under the survey No.269-3 for an extent of 0.48.5 acres which comprised in patta No.614. Now the plaintiffs are having possession and enjoyment over the suit property. In the said circumstances, the first defendant alleged to have executed inam settlement deed to his son namely Karthickraja on 31/7/2006 regarding the suit property. The first defendant's father name is Mangaikarasu, but, fraudulently the first defendant had stated as Muthu @ Mangaikarasu in the deed. The plaintiffs had paid property tax till 2012 in the name of plaintiffs' father and the plaintiffs' sisters are married and living separately and they are not necessary parties in the suit. The defendants have no right over the suit property. Hence, the plaintiffs filed the present suit.