R CHANDRAN AND ORS Vs. R NANJAN

JUDGEMENT

(1.) The present second appeal has been filed by the plaintiffs as against the judgment and decree passed by the Sub-Court, Nilgiris, in A.S.No.63 of 2005, dated 23.01.2007, reversing the judgment and decree passed by the District Munsif Court, Uthagamandalam, in O.S.No.254 of 1998, dated 12.09.2005.

(2.) Brief facts leading to the filing of the second appeal are given as under:-

(3.) Objecting the said prayer, the second defendant filed a written statement taking a stand that he has purchased the property from his own earnings in the year 1968 from one Selay Gowder. On that basis, it was further pleaded that the question of ancestral property, as alleged by the plaintiffs, does not arise and according to him, at no point of time, the plaintiffs' father has purchased the property in the name of the second defendant. Therefore, it was contended that the plaintiffs and the defendants 2 and 3 are not in joint possession or joint owners of the properties. It was also pleaded that the second defendant had mortgaged the suit property to one Lakshmiammal, who filed a suit against the second defendant and subsequently, the first defendant purchased the suit properties through auction purchase. On that basis, it was pleaded that the plaintiffs have no right whatsoever in the suit properties.