SETTIYANNA GOUNDER (DIED) Vs. ARIVALAGAN

JUDGEMENT

(1.) This Second Appeal has been preferred against the Judgment and Decree passed in A.S. No.21 of 2012, on the file of the learned II Additional Subordinate Judge, Salem, dtd. 21/12/2012, reversing the Judgment and Decree, dtd. 23/11/2010 made in O.S. No.234 of 2008 on the file of the I Additional District Munsif Court at Salem.

(2.) The Defendants are the Appellants against whom the Plaintiffs have filed a Suit to declare that the Sale Deed, dtd. 31/7/2006 executed by the 1st Defendant in favour of the Second Defendant vide Document No.1539 of 2006 and the Sale Deed, dtd. 11/10/2006 executed by the Second Defendant in favour of the 3rd Defendant vide Document No.2200 of 2006 are sham, nominal, fraudulent, invalid documents, and for consequential Injunction. The Trial Court has dismissed the Suit. On the First Appeal preferred by the Plaintiffs, the First Appellate Court allowed the First Appeal and set aside the Judgment of the Trial Court and the Suit was decreed. Now, the Defendants have preferred this Second Appeal challenging the Judgment of the First Appellate Court.

(3.) The short facts pleaded in the Plaint are as under: