THAYARAMMAL Vs. PALANIYAPPA GOUNDER

JUDGEMENT

(1.) Originally, one Palaniyappa Gounder filed a suit in O.S.No.279 of 1986 before the District Munsif, Kulithalai, against one Thayarammal for declaration and consequential relief of recovery of possession, mesne profits and cost of the suit. After trial, the said suit was dismissed by the trial Court by Judgment and Decree dtd. 26/2/1990. Challenging the said dismissal of the suit, the plaintiff Palaniyappa Gounder filed an appeal before the Sub-Court, Karur in A.S.No.62 of 1992. After hearing, the learned Sub Judge allowed the appeal suit and decreed the original suit. Challenging the said Judgment and Decree passed by the learned Sub Judge, Karur, dtd. 8/11/1994, the defendant in the said suit has filed the present second appeal raising the following substantial questions of law:-

(2.) At the time of admission, this Court, considering the facts and circumstances of the case, formulated the following substantial questions of law:-

(3.) The learned counsel for the appellant/defendant would submit that the mother of the defendant, by name, Pappathi Ammal is the first wife of one Aruvappu Reddiar and subsequent to the suit in O.S.No.425 of 1928, there was a panchayat and subsequent to the said panchayat, the suit property and also adjacent property of the extent totally 8 acres 19 cents were given to the said Pappathi Ammal towards maintenance and she was continued to be in possession till the defendant derived her title. Even thereafter, the vendor of the plaintiff, namely, one Ramamurthy filed a suit against the said Pappathi Ammal in O.S.No.528 of 1978 for injunction and the said suit was dismissed upholding the rights and possession of the said Pappathi Ammal. The present plaintiff is none other than the purchaser from the said Ramamurthy, who filed the suit in O.S.No.528 of 1978, wherein the right of the Papathi Ammal was uphold and denied the rights and title of the vendor of the plaintiff.