PALANICHAMY Vs. RAJALAKSHMI

JUDGEMENT

(1.) This appeal has been filed by the 8th defendant viz., one Palanisamy against the finding given under issue No.8 in the judgment rendered by the Sub Judge, Namakkal in O.S.No.87 of 1986 on 4.2.1988.

(2.) As per the plaint of the plaintiffs viz., Rajalakshmi, Minor Sivashanmugam and Minor Sumathi respectively being the wife, son and daughter of the first defendant Subramaniam the prayer is for maintenance and partition of plaint schedule properties. The suit was resisted by all the defendants and particularly the appellant/8th defendant has contested the suit by saying that he has purchased 59 cents within the extent of one acre 18 cents in Survey No.81/1C shown as item No.7 of the plaint schedule for valuable consideration of Rs.30,000/= through a registered sale deed dated 2.9.1976 from defendants 1 to 3 who are none other than the husband, brother in law and mother in law of the first plaintiff Rajalakshmi and that he is the bona fide purchaser for valuable consideration and particularly his purchase is true and bona fide one supported by his conduct of discharging the antecedent debts incurred not only by the first defendant but also by the second defendant for the purpose of family benefit and improvement of landed properties of the joint family.

(3.) However, this stand of the 8th defendant was not accepted by the Sub Judge, Namakkal and he gave the finding under issue No.8 to the effect that the purchase made by the 8th defendant was not true, valid and binding upon the plaintiffs and particularly the share of the minor second plaintiff. Aggrieved against such a finding, this appeal has been preferred by the appellant/8th defendant.