G THANGAM @ THANGAMALAI Vs. KADAPPAI SWAMY PARAMAHAMSA

JUDGEMENT

(1.) Challenge in this second appeal is to the Judgment and decree dated 23.10.2008 passed in Appeal Suit No.48 of 2005 by the Sub Court, Sankarankovil, wherein the Judgment and decree passed in Original Suit No.36 of 2002 by the District Munsif cum Judicial Magistrate's Court, Sivagiri are reversed.

(2.) The respondent herein as plaintiff has instituted Original Suit No.36 of 2002 on the file of the trial Court praying to declare that the sale deed dated 23.10.2001 stands in the name of the defendant is a void document and also for the reliefs of mandatory injunction and recovery of possession, wherein the present appellant has been shown as sole defendant.

(3.) In the plaint it is averred that the suit property forms part of Survey No.1082/2 and the defendant has been permitted to enjoy the same in lieu of interest since he paid a sum of Rs.10,000/-. The suit property is nothing, but a trust property. The defendant has purchased the suit property by virtue of the sale deed dated 23.10.2001 from one Durairaj. Since the suit property is an inalienable property, the sale deed dated 23.10.2001 is ab initio void. Under the said circumstances, the present suit has been instituted for the reliefs sought for in the plaint.