N. THIRUMUPPA GOWDER Vs. PONNUSAMY

JUDGEMENT

(1.) Judgment and decree, dated 21.4.2005 and made in A.S. No. 1 of 2005 on the file of the learned Principal Subordinate Judge, Gobichettipalayam, reversing the judgment and decree, dated 24.6.2002 and made in O.S. No. 283 of 1995 on the file of the learned District Munsif, Sathyamangalam, have been challenged in this memorandum of second appeal. The appellant is the plaintiff in the suit in O.S. No. 283 of 1995, whereas the respondents 1 to 6 are the defendants 2 to 4, D1 and D5 and D6 in the suit, respectively.

(2.) The appellant/plaintiff is the younger brother of fourth respondent/D1. The third respondent/D4 is the wife of the fourth respondent/D1 and the respondents 5 and 6/D5 and D6 are the son and daughter of the respondents 3 and 4/D4 and D1.

(3.) The respondents 1 and 2/D2 and D3, though they are related to the third respondent Marammal, in so far as the family of the appellant/plaintiff and the fourth respondent/D1 is concerned, they are strangers. However, they claim exclusive right over the suit property saying that they have purchased the same through the Power of Attorney of the fourth respondent/D1 on 7.8.1995 for a valuable consideration.