S.A. KASIM ROWTHER (DIED), Vs. RAJU @ SUBRAMANIAN,

JUDGEMENT

(1.) 1. Even though S.A.No.581 of 1989 was admitted by this Court and notice was ordered as early as 26.4.1989, till date batta has not been paid for service of notice in the above second appeal on the 5th respondent. Hence, this second appeal is dismissed as against the 5th respondent.

(2.) 1. The above second appeals arise against the judgment and decree dated 15.3.1985 made in O.S.No.99 of 1974, laid by one Guruvammal (deceased) and Raju alias Subramanian, impleaded as per the order of the learned Subordinate Judge, Ramnad in I.A.No.307 of 1981 dated 1.7.1982, for declaration of the settlement deed dated 10.7.1973, marked as Ex.B8, said to have been executed by one Raju Asari, son of Kuttayan Asari and the husband of one Guruvammal (deceased) in favour of the first defendant Chelladurai Asari, S/o. Velu Asari, who is nonetheless the cousin of Raju Asari, son of Kuttayan Asari, and to set aside the two sale deeds dated 6.9.1973, marked as Exs.B6 and B7, executed by the said Raju Asari, Son of Kuttayan Asari in favour of the defendants 2 and 3, who are the appellants in Second Appeal No.581 of 1989 and to declare that the plaintiff is entitled to the suit property and consequently for recovery of possession of the said suit property.

(3.) Heard both sides.