LAWS(MAD)-2012-4-320

SENTHIL KUMAR AND ORS Vs. LAKSHMI AND ORS

Decided On April 10, 2012
Senthil Kumar And Ors Appellant
V/S
Lakshmi And Ors Respondents

JUDGEMENT

(1.) The appellants herein are the plaintiffs before the trial Court.

(2.) Brief facts leading to the filing of the Second Appeal are given hereunder:

(3.) (i)A detailed written statement was filed by the second defendant denying the prayer on the ground that on the date of executing Ex.A9, namely, a sale deed dated 28.4.1981, the first plaintiff was not even born. Therefore, the first plaintiff cannot question the same. In respect of the second sale deed Ex.A.10 dated 21.02.1983 it was contended that the first defendant, father of the first plaintiff had sold the property to the second defendant as a guardian of first defendant and for the welfare and necessity of the family and also for maintenance of the minor and when the second defendant purchased the property by way of two sale deeds within legal bounds, the validity of the sale deed dated 28.2.2003 also cannot be questioned. It was further pleaded that the second defendant being a bonafide purchaser for valuable consideration, as far as first item of suit property is concerned, the suit has to fail.