ASHIM SAHIB (DIED) Vs. KAMALBI (DIED)

JUDGEMENT

(1.) This Second Appeal is directed by the Defendants in the Original Suit. Challenging the Judgment and Decree, dated September 14, 2017 passed in A.S. No.3 of 2016 on the file of 'Principal Subordinate Court, Tindivanam' ['First Appellate Court' for short], whereby the Judgment and Decree, dated December 3, 2015 passed in O.S. No.156 of 2008 on the file of 'Additional District Munsif Court, Tindivanam' [Trial Court' for short] was reversed.

(2.) During the pendency of the Original Suit, the First Plaintiff-Khadar Basha passed away on March 8, 2011. Hence, his legal heirs were impleaded as Plaintiff Nos.2 to 7 vide Trial Court's Order, dated November 14, 2011 in I.A. No.1903 of 2011 in the Original Suit. Hereinafter, for the sake of convenience, the parties will be denoted as per their array in the Original Suit.

(3.) In the Plaint, it is averred that the Suit Property originally belonged to one Johny Basha as his separate property. He acquired it through the income derived from his mat weaving business. Patta No.886 was issued in his name. Then, on February 14, 2008, Johny Basha sold the Suit Property to the First Plaintiff for a valid consideration of Rs.92,000..00 Since then the First Plaintiff has been in possession and enjoyment of the same.