S.D. RAMANATHAN (DIED) Vs. BABY AMMAL (DIED)

JUDGEMENT

(1.) Defendant Nos.2 to 8 in the Original Suit are the appellants in the second appeal. The plaintiffs 1 to 4 in the Original Suit are the respondents 1 to 4 in the second appeal. The first respondent Baby Ammal is no more. On the death of the first respondent, the 5th respondent Mohandas Reddiar has been impleaded as the legal representative of the deceased first respondent Baby Ammal by order dated 11.04.2012 made in M.P.No.4/2012. Respondents 1 to 4 in the second appeal filed the suit O.S.No.1883/2004 on the file of the District Munsif Court, Vellore for declaration of title to the suit property, recovery of vacant possession and for mesne profits. The suit was dismissed by the trial court without cost by its judgment and decree dated 03.02.2008. On an appeal preferred by the respondents 1 to 4 (plaintiffs) in A.S.No.9/2009 on the file of the Sub Court, Vellore, the learned Subordinate Judge reversed the judgment of the trial court and decreed the suit with cost regarding the prayers for declaration and recovery of possession. The learned Subordinate Judge has also found the plaintiffs entitled to recover a sum of Rs.700/- per month as mesne profits from the date of filing of the suit till delivery of possession. Since the first defendant is no more, the other defendants, namely defendants 2 to 8 have chosen to file the present second appeal challenging the decree of the lower appellate court reversing the decree passed by the trial court. For the sake of convenience, the parties shall be referred to in accordance with their ranks in the Original Suit and at necessary places, description of the parties with their ranks in the second appeal shall be provided.

(2.) The Original Suit was filed on the basis of the plaint averments, which are in brief, as follows:

(3.) The deceased first defendant, who was originally the sole defendant, filed a written statement containing the following averments: