ANJUGAM Vs. K. RAMASAMY IYER

JUDGEMENT

(1.) The plaintiffs in O.S.No.311 of 1994 on the file of the Principal Subordinate Judge, Nagapattinam, are the appellants. The plaintiffs/appellants filed the suit for partition and the suit was dismissed and aggrieved by the same, this appeal is filed.

(2.) The facts of the plaintiffs' case is as follows:-

(3.) The first defendant filed a statement stating that pursuant to the suit filed by the third defendant before the Subordinate Court, Nagapattinam, the theatre was brought to sale and one Elamaran, an Advocate, bought the theatre in Court auction and from him, the first defendant purchased the theatre on 3.8.1988. Therefore, the first defendant is the absolute owner of the property. The first defendant also denied the allegation that an agreement was entered into between the first plaintiff and the first defendant on 24.10.1987, by which the first defendant would be running the theatre on behalf of the first plaintiff. The first plaintiff has no right over the theatre and the sale deed in favour of the first defendant is not a sham and nominal document. The defendants 2 and 3 are not necessary parties and the second plaintiff is also not a necessary party. The first plaintiff cannot claim any right over the property. The first defendant also filed O.S.No.234 of 1994 on the file of the District Munsif Court, Nagapattinam, for injunction and no such pleading was taken in that suit by the plaintiffs and therefore, the plaintiffs are not entitled to any relief. The Court fee paid is also not correct and the suit is liable to be dismissed.