LAWS(MAD)-2002-7-7

B RAMASUBBU CHETTIAR Vs. N GANESAN

Decided On July 30, 2002
B. RAMASUBBU CHETTIAR (DIED) Appellant
V/S
N. GANESAN (DIED) Respondents

JUDGEMENT

(1.) PLAINTIFF is the appellant. The suit was filed for a decree of possession of the plaint, schedule property by way of preemption and for redemption of the mortgage. On dismissal of the suit, the above appeal is filed.

(2.) THE facts of the case are stated hereunder. THE parties are described as per their rankings before the Subcourt. For better appreciation, the genealogy of the parties is given below :

(3.) THE fifth defendant, in his written statement, has stated that the total area comprised in the plaint is not 20 cents, but excluding the area acquired by the Railways, the balance is only about 15 cents and a building; of this extent, the plaintiff is entitled to one-half share and defendants 2 to 4 are entitled for the remaining one-half. According to him, he is not aware of the agreement of sale alleged to have been executed by defendants 2 to 4 and the sale deed executed by the second defendant and he is a tenant paying half the rent to the first defendant in his capacity as mortgagee and the other half to the plaintiff without any default.