A. N. ABDUL Vs. R. M. MUTHU RATHINAVEL

JUDGEMENT

(1.) The third defendant is the appellant herein.

(2.) The plaintiff filed O.S.No.30 of 2010 before the District Munsif Court, Mudukulathur for declaration of title and permanent injunction. The suit was decreed by the trial Court. The third defendant filed A.S.No.42 of 2017 before the Sub Court, Mudukulathur. The learned Subordinate Judge has dismissed the first appeal. As against the concurrent finding, the third defendant has filed the above second appeal.

(3.) The plaintiff had contended that the suit schedule properties were originally owned by one Velammal, wife of Kuppaiandi Velar. Since Velammal and Kuppaiandi Velar did not have any issue, the said Velammal has executed a Will in favour of her brother Vijayan Velar under a registered Will dtd. 24/9/1968 under Exhibit A1. After death of Velammal, the property devolved upon her brother Vijayan Velar and he was enjoying the same. According to the plaintiff, the second defendant is the son of the said Vijayan Velar. The said Vijayan Velar had executed a registered Will on 6/5/1996. Thereafter, the said Vijayan Velar and the second defendant entered into a family arrangement, in which, the second defendant was allotted 1/4th share on the western portion. In the said family arrangement, the said Vijayan Velar and his daughter were allotted the eastern portion. However, patta continued to be in the name of Vijayan Velar in Patta No.729. On 9/10/1998 under Exhibit A4, the plaintiff purchased the suit schedule property from the said Vijayan Velar and his daughter for valuable consideration. Thereafter, a subdivision was also created in the year 1999 and Patta No.99 was granted. According to the plaintiff, he is the bonafide purchaser for valuable consideration.