R. NAGARAJAN Vs. SUNDARAVELU

JUDGEMENT

(1.) This second appeal is filed by the plaintiff inveighing the judgement and decree dated 13.8.2004 passed by the learned Subordinate Judge, Ariyalur, in A.S. No. 32 of 1999 reversing the judgment and decree dated 30.6.1999 passed by the learned District Munsif, Jayankondam, in O.S. No. 95 of 1997. The plaintiff has filed the suit for partition of his 5/12th share and for mesne profits.

(2.) The facts, in brief, that are necessary for the disposal of this Second Appeal may be set out as under:

(3.) The purchasers, viz., defendants 4 and 5, had contested the suit contending that they have been in possession of the property even during the lifetime of the plaintiff's father Ramamurthy. It is stated that on the date of death of Ramamurthy, the second defendant, who is the daughter of the Ramamurthy and sister of the plaintiff, was yet to be married and as there was family expenditure and the second defendant was to be married, the first defendant, who is the natural guardian, decided to sell a portion of the suit property to the defendants 4 and 5. The defendants have stated that earlier they were in possession of the property as lessees and as the sale was made by the mother for the family necessity, viz., to marry the daughter and for other expenses, the sale is binding on the plaintiff.