C RAMALINGAM Vs. C RAMASAMY

JUDGEMENT

(1.) THE first defendant who lost before the courts below has filed the present second appeal challenging the concurrent findings of the courts below.

(2.) THE plaintiff and the first defendant are brothers. The 2nd defendant is a person who is claiming under the first defendant and he remained exparte throughout.

(3.) THE suit property relates to about 2. 93 acres of land which was originally owned by one Yovan s/o. Samuel. One Kunjan obtained a lease of 1. 5 acres under Ex. A1 on 4. 8. 34 for a period of 6 years. He was holding over that land even after the lease period was over. Thereafter, by Ex. A2 Kunjan assigned his right on 8. 11. 50 in favour of one Chellayan Nadar, the father of the plaintiff and first defendant. The said Chellayan obtained a lease of the remaining portion of the land under Ex. A3 in the year 1949 from the heirs of Yovan for a period of 12 years. Thereafter, in the year 1957 under Ex. B3 the same heirs of Yovan mortgaged the entire properties to Neelu the wife of Chellayan. Thereafter the first defendant purchased from the heirs of Yovan under Ex. B1 dated 12. 9. 1959 the right of redemption of mortgage. Subsequent to that by Ex. B4 dated 19. 7. 61, the first defendant redeemed the mortgage from his mother Neelu. Ex. B10 is with respect to the entire property of approximately 3 acres. Chellayan Nadar died in the year 1984. Thereafter the plaintiff filed a suit for partition of this property.