(1.) The defendants 2 to 7 are the appellants. The plaintiffs filed a suit for declaration and recovery of possession of the properties.
(2.) The case of the plaintiffs was that the suit properties originally belonged to Govinda Mudaliyar and he had four sons, namely Rajagopal, Thangavel, Rajamanickam and Perumal and the father and sons sold the suit property and other properties to one Chinnamma Ammal and Kuppusamy under a registered sale deed, dated 10. 04. 1941 for a valid consideration of Rs. 400/- and from the date of sale, the said Chinnamma Ammal and her son Kuppusamy were in possession of the properties. The said Chinnamma Ammal died intestate in the year 1977 leaving behind her son Kuppusamy to succeed to her estate and thus, Kuppusamy became the absolute owner of the properties covered under the sale deed, dated 10. 04. 1941. The said Kuppusamy died intestate on 11. 04. 1979 leaving behind the plaintiffs viz. , his wife and children and therefore, they became the absolute owners of the properties. It was further stated that the defendants 1 to 3 were the sons of one Thangavel and the defendants 4 to 6 were the sons of Rajamanickam and the 7th defendant was the wife of Perumal and the predecessor in-title of the defendants 1 to 7 were parties to the sale deed, dated 10. 04. 1941 and therefore, they are estopped from claiming any right over the properties.
(3.) It was further stated that the defendants 1, 4 and 7 trespassed into the properties three years prior to the filing of the suit and put up some construction and therefore, a notice was issued on 09. 11. 2004 to the defendants 1, 4 and 7 calling upon them to surrender vacant possession of the trespassed portion and the first defendant sent a reply admitting the plaintiffs' title over the suit property, but contended that he constructed a house 20 years back and was prepared to purchase the vacant site at the rate fixed by the plaintiff and the defendants 4 to 7 sent a reply, dated 22. 11. 2004 denying the right of the plaintiff and also claimed adverse possession.