DURAIRAJ ADHIYAMAAN Vs. G.SOMASUNDARAM

JUDGEMENT

(1.) Assailing the concurrent findings recorded by the courts below in favour of the respondents herein by holding that the claim of the appellants is barred by limitation, the present civil miscellaneous second appeal has been filed by the first appellant.

(2.) Pending the appeal, which dates two decades back, the first appellant having passed away, appellants 2 to 5, the legal heirs of the deceased first appellant, have been brought on record to defend the appeal. For the sake of convenience, the array of the parties will be referred to as 'appellants' and 'respondents' in the order, as they are arrayed before this Court in the present appeal.

(3.) The case of the appellants, in brief, as projected before the courts below is that the petition mentioned properties in issue originally belonged to one Sarathambal, wife of one deceased Somu Pillai. After the death of the said Somu Pillai, the said Sarathambal gave the petition mentioned properties in favour of her sons and daughter born through her husband, viz., Somu Pillai, viz., Ganesan, Ramachandran, Gangadharan, Kannan, Panchanathan and Lalitha Devi under a release deed dtd. 5/4/1974, before going to live along with one Mariappan. Since the said release, the legal heirs of Somu Pillai, aforesaid, have been in enjoyment of the petition mentioned properties with full right and, thereafter, the said properties were sold to the 1st appellant herein under a sale deed dtd. 20/4/1992. Since the said sale on 20/4/1992, the 1st appellant is in possession and enjoyment of the suit properties.