P. NARAYANASAMI REDDIAR Vs. K.M. JAYARAMA REDDIAR

JUDGEMENT

(1.) THE defendant in O.S. No. 60 of 1964, on the file of the Court of the District Munsif of Tirupattur, who lost before the trial Court, as well as the first appellate Court, is the appellant before this Court. One Kullathai alias Amavasai Reddi was the decree -holder in O.S. No. 76 of 1954, on the file of the Subordinate Judge's Court, Vellore, for recovery of possession of certain immovable properties. Under Exhibit A -4 dated 19th March, 1959, the said Amavasai Reddi sold the properties covered by the decree in O.S. No. 76 of 1954 in favour of the respondent herein. However, the appellant herein claimed to have obtained an assignment of the decree from the very same Amavasai Reddy under a document marked as Exhibit B -1 dated 9th March, 1959. On the strength of this assignment, he applied to the Court for recognition of the assignment and the same was ordered. Thereafter, when he proceeded to take delivery of possession of the properties, the same was obstructed by the Respondent herein. For removal of the obstruction, the appellant herein filed a petition in E.A. No. 1145 of 1960 and the same was ordered on 5th July, 1961. Against that order, the respondent herein filed a revision petition to this Court and the same was numbered as C.R.P. No. 1430 of 1961 and was admitted by this Court. Subsequently, that civil revision petition was dismissed by this Court on 19th November, 1963. At this stage, it is necessary to mention one fact and that is E.A. No. 1145 of 1960 was ordered on the ground that the obstruction offered by the respondent herein was mala fide and that finding was upheld by this Court in C.R.P. No. 1430 of 1961. It was thereafter the present suit, O.S. No. 60 of 1964 was instituted by the respondent herein to set aside the summary order on the ground that he became entitled to the properties by virtue of the purchase under Exhibit A -4, dated 19th March, 1959. His case in the suit was that the assignment obtained by the appellant herein was not valid; as a matter of fact, the deed of assignment was executed by Amavasai Reddi in favour of the appellant herein subsequent to the sale of the properties to the respondent and the document was ante -dated and that ante -dating was made clear by the fact that stamp papers for Rs. 140 were purchased on 9th February, 1959, and the document itself was registered only on 13th April, 1959. The appellant herein resisted the suit of the respondent on several grounds including the one that the suit was barred by limitation with reference to Article 11 -A of the First Schedule to the Limitation Act of 1908.

(2.) THE learned Principal District Munsif who tried the suit accepted the case of the respondent herein that the assignment under Exhibit B -1 was only subsequent to the sale of the properties under Exhibit A -4, that the same was ante -dated and on the date of the assignment the assignor had parted with his interest in the properties and that therefore under the assignment deed, the appellant herein secured no interest in the suit properties.

(3.) AGAINST this judgment of the learned District Munsif, the appellant preferred an appeal to the learned Subordinate Judge of Tirupattur, and the learned Subordinate Judge, on 19th August, 1966, in A.S.No. 86 of 1966, dismissed the appeal concurring With the conclusion of the learned District Munsif. Hence the present second appeal by the defendant in the suit.