THIRUGNANA SAMBANDAM CHETTIAR Vs. KADUMBADI NAICKER AND ORS.

JUDGEMENT

(1.) THE defendant is the appellant. The suit out of which this second appeal arises is one in ejectment. The disputed property is stated to be 1 -14 -8 cawnies equivalent to 2 acres and 52 cents of punja land said to be comprised in Paimash No. 654/1. The defendant filed M. P. No. 12 of 1959 before the Executive First Class Magistrate, Chingleput, against the plaintiffs for an order under Section 145, Criminal Procedure Code, on the ground that they had purchased the property under a sale deed dated 3rd February, 1958 and claiming to be in possession thereof. On 21st October, 1959, the Magistrate upheld the defendant's claim for possession and made the order as prayed for. Thereafter, this suit was filed by the plaintiffs for declaration of their title to the suit property and for delivery of possession of the same.

(2.) IN execution of a decree in S. G. No. 143 of 1930, on the file of the District Munsif's Court, Chingleput, certain properties of one Shanmugha Gramani, the judgment debtor in that case, were brought to sale. One of the items, which was brought to sale was Paimash No. 654. The extent of this land is given as 2 -4 -0 cawnies corresponding to 2 acres 97 cents. One Sarangapani Iyengar purchased this property as evidenced by the sale certificate (Exhibit A -1) dated 30th June, 1934. The brother of the Court auction purchaser sold this item. Under Exhibit A -4 dated 27th October, 1942 to one Andalammal, who in turn sold it under Exhibit A -10 dated 27th August, 1955 to the second plaintiff. The suit was filed on 2nd November, 1959 claiming title to the property under the deed dated 27th August, 1955.

(3.) THE defence was that Paimash No. 654 measured an extent of 4 -2 -8 cawnies, and that in an oral partition, some time in 1927. between Shanmugha Gramani and his brother's sons Balakrishna Gramani and Manicka Gramani, the eastern 2 -4 -0 cawnies was allotted to Shanmugha Gramani and the western 1 -14 -8 (equivalent to 2 acres and 52 cents) was allotted to Balakrishna Gramani and Manicka Gramani jointly. After the death of Balakrishna Gramani in 1941, Manicka Gramani, as survivor, became entitled to the entire extent of 1 -14 -8 cawnies and that the defendant had purchased the same under Exhibit B -11 dated 3rd February, 1958. It was also his case that some time after the oral partition, the property was sub -divided and the portion which was allotted to Shanmugha Gramani was comprised in Paimash No. 654/2 and that portion which was allotted to Balakrishna Gramani and Manicka Gramani was comprised in Paimash No. 564/1. He further stated that in pursuance of his purchase on 3rd February, 1958 under Exhibit B -11, he had taken possession and had been in possession and enjoyment of the same.