LAWS(MAD)-2024-3-86

K. CHINNASAMY Vs. RAMATHAL (DIED)

Decided On March 11, 2024
K. CHINNASAMY Appellant
V/S
Ramathal (Died) Respondents

JUDGEMENT

(1.) The Defendants in the Suit O.S. No.64 of 2013 on the file of the District Munsif, Avinashi (originally O.S. No.357 of 2006 on the file of the District Munsif, Tiruppur) are the Appellants before this Court. The facts which have led to the filing of the above Second Appeal is narrated herein below and for ease of understanding the parties are referred to in their ranking as before the Trial Court.

(2.) Relief claimed in the Plaint:

(3.) It is the case of the Plaintiffs that the Suit property belonged to one Vedantha Pandithar and Sadasiva Kurukkal. The two of them had executed a Usufructuary Mortgage in favour of Rama Gounder in the year 1943. On 2/2/1976, after the demise of the original Mortgagors, their respective Legal Representatives had sold the Suit properties. Item I of the Suit property was sold to Ramasamy Gounder son of Periya Rangana Gounder. Item II of the Suit property was sold to Ramasamy Gounder son of Appaji Gounder. Item III of the Suit property was sold to Karichi Gounder son of Subbana Gounder. Rama Gounder, the Mortgagee had two sons Nachimuthu and Kumarasamy. Kumarasamy had two sons, namely, Palanisamy and Ramasamy.