A RAMAKRISHNAN Vs. S MALLIKARJUNA RAJU

JUDGEMENT

(1.) THE plaintiff filed O.S.Nos.49 of 1996 and 107 of 1998 impleading the appellant as 1st defendant and 2nd defendant respectively seeking a decree for declaration that the suit property belongs to the joint family excluding Ramasami Raju, the 2nd defendant in O.S.No.49 of 1996 and for possession. The plaintiff/1 st respondent claims that he is the manager of the joint family and the said Ramasami Raju got himself divided after receiving money towards his share in the joint family property. According to the plaintiff, the appellant/Ramakrishnan had been in possession of the suit property as a tenant. He obtained a sale deed from the said Ramasami Raju on 3.3.89 with respect to the shops bearing Door Nos.148 and 151. But, according to the plaintiff, the said sale deed will not bind on the joint family, as the said Ramasami Raju has no right to sell the said property.

(2.) INSOFAR as O.S.No.107 of 1998 is concerned, it is the case of the plaintiff that the 1st defendant Ramu alias Ramayee was the tenant and the appellant/Ramakrishnan cannot claim any right in the suit property also on the basis of the said sale deed.

(3.) THE trial court tried the suits jointly and found that the suit property belongs to the joint family including Ramasami Raju by rejecting the case of the plaintiff that Ramasami Raju went out of the joint family after releasing the right by receiving money. On the basis that the appellant has been in possession of the joint family property as tenant, the trial court has rejected the prayer for possession as sought for by the plaintiff. So, the plaintiff filed appeal in A.S.Nos.24 and 25 of 1999 on the file of the Principal District Judge, Sivaganga. The learned Principal District Judge though confirmed the findings of the trial court that the suit property is the joint family property including Ramasami Raju, allowed the Appeals granting the relief even for possession as prayed for by the plaintiff. Hence the appellant has filed the above Second Appeals.