C.AYYADORAI Vs. KARUPPIAH, S/O. RANGANATHAN

JUDGEMENT

(1.) The second defendant is the appellant. The second appeal has been filed challenging the judgment and decree made in A.S.No.128 of 1997, dated 30.06.2000, by confirming the judgment and decree made in O.S.No.811 of 1986, dated 15.04.1997.

(2.) The suit was filed by the deceased first plaintiff (R.Thaiyalnayaki Ammal) seeking for the relief of recovery of purchase money of Rs.1,163.52, from the first defendant or alternatively, in the event of the court declining such relief from the first defendant, the relief of recovery of possession from all the defendants.

(3.) The total extent of property is 71 cents covered in R.S.Nos.110/6A (55 cents) and 110/6B (16 cents), out of which dispute exists only with regard to 16 cents. The deceased first plaintiff purchased the same from the first defendant on 18.02.1984, but found the deficit of 16 cents after fifteen months of the purchase, i.e., 19.05.1985. After issuing the notice, dated 11.08.1986, the deceased first plaintiff filed a suit in O.S.No.811 of 1986. During the pendency of the suit, the legal representatives of the deceased first plaintiff have been added as plaintiffs 2 to 4 on 07.11.1996.