SAMSUDDIN ROWTHER Vs. AVVAMMAL

JUDGEMENT

(1.) THE plaintiffs, who succeeded in the trial court but failed in the appellate Court, have preferred this second appeal. THE suit relates to three items of properties. THE first two items are agricultural lands and the third item is a house.

(2.) THE relationship of the parties is not in dispute. THE plaintiffs are the sons of Abdul Kuthoose Rowther, son of Kader Moideen rowther. THE third defendant is the sister of Abdul Kuthoose Rowther and the daughter of Kader Moideen Rowther. THE first defendant is the daughter of the third defendant. THE second defendant is a stranger. For the sake of convenience, the parties will be referred to by their rank in the suit, as plaintiffs and defendants.

(3.) THE plaintiffs have filed C. M. P. No. 1488 of 1992 for filing the patta passbook issued to them as additional evidence in the appeal. It is argued by learned counsel that after the filing of the second appeal, the tamil Nadu Patta Pass Book Act (4 of 1986) has been passed by virtue of which the entries in the pass-book relating to ownership of the property will afford conclusive evidence of the plaintiff's title to the properties. It is also submitted that after the passing of Tamil Nadu Act 4 of 1986, the position in law has changed completely and it will not be open to the defendants to raise any contention which will run counter to the entries in the pass-book.