K. SAMPATH KUMAR Vs. S. KUMARASWAMY

JUDGEMENT

(1.) This Appeal Suit is directed against the Judgment and decree of the Learned II-Additional District and Sessions Judge, dtd. 31/7/2014 in O.S.No.216 of 2013, thereby, dismissing the suit filed by the plaintiffs for declaring the sale deed dtd. 27/8/2004 executed by the first defendant in favor of the second defendant as null and void, and to divide the suit properties into three equal shares and allot two shares to the plaintiffs and for other reliefs.

(2.) The case of the plaintiffs is that the first and the second plaintiff are the legal heirs of the first defendant. The suit properties are the ancestral properties. While so, when the plaintiffs were minors, in the year 2004, the first defendant had wrongfully alienated the suit properties in favor of the second defendant. The said sale is not binding on them. The plaintiffs came to know about the sale of the property only in the year 2013, and immediately, they filed the suit.

(3.) The suit was contested by the second defendant, the purchaser, stating that there is no proof to the effect that the suit properties are ancestral properties and that he has purchased the suit properties for proper and adequate consideration, and has been in possession and enjoyment thereof from the year 2004.