MANICKAM KANDIAR Vs. RENGAMMAL

JUDGEMENT

(1.) The present appeal arises out of the Judgement and Decree in A.S.No.18 of 1994, on the file of the Sub Court, Pattukkottai dtd. 31/7/1995 in confirming the judgment and Decree in O.S.No.438 of 1991 dtd. 29/7/1994 on the file of the District Munsif Court at Pattukkottai. The appellant before me is the 1st Defendant in the suit. The suit had been presented by one Rengammal and Banumathi ( a person who was born with hearing and speech challenges). The relief sought for in the suit was for a declaration that the plaintiffs are the owners of the property and for a consequential order of injunction restraining the defendants 1 and 2 from interfering with their peaceful possession and enjoyment of the property. The core facts are not in dispute.

(2.) The father of the plaintiff was one Rathinam Sethuruyar. The plaintiffs were born from the wedlock between said Sethuruyar and Silambayi, the 2nd defendant. Ratnam Sethurayar had a younger brother by name Kannuswami Sethurayar. The said Kannusami Sethurayar had gone to Singapore, earned income and purchased the suit schedule property. Both parties agree that Ratnam Sethuruyar died in the year 1967, and Kannusami died in the year 1975. The 2nd defendant, as the mother and natural guardian of the plaintiff, had sold the suit schedule property to Manickam Kandiar, the appellant, on 8/3/1976.

(3.) The claim of the plaintiff is that their mother had sold the property as if she was the owner of the property when they are the Class-II heirs of the deceased Kannusami Sethuruyar and therefore, the document is void ab initio. In fine, nothing was conveyed to the 1st Defendant and therefore, they are entitled to the property.