RAMACHANDRAN Vs. S JAYARAMAN

JUDGEMENT

(1.) THE defendants are the appel lants. THE suit out of which this second appeal arises was filed by the respondent-plaintiff for an injunction restraining the defendants from taking delivery of the suit properties by executing the decree in O. S. No. 410 of 1968 on the file of the district Munsif's Court, Sirkali. That suit, O. S. No. 410 of 1968, was instituted by one Venkatesan Pillai , father of defendants, for recovery of possession of suit properties against one Ajeetha Bivi , Sheik Dawood and Danapal. THE said Danapal is the brother of the respondent in this appeal. Pending trial, Venkatesan Pillai died and the defendants were brought on record. THE suit was decreed ex parte in favour of the defendants. THE plaintiff-respondent by some arrangement with his brother is in possession of the suit property and has obtained the kudiyiruppu assignment deed evidenced by exhibit A-l. THE defendants objected to this assignment by the Authorised Officer ( Kudiyiruppu ), Mayuram. In appeal preferred by the second defendant, the order was confirmed by the appellate authority, District Revenue Officer, Thanjavur. THE plaint averred that the defendants are trying to execute the decree in O. S. No. 410 of 1968 and he having obtained the Kudiyiruppu assignment cannot be evicted and that the defendants should be restrained by an injunction from taking delivery of the suit property by execution of the decree in O. S. No. 410 of 1968.

(2.) THE suit was resisted by the appellants-defendants who have stated that the plaintiff is not entitled to the benefits of Kudiyiruppu Act, that he is a taxi driver at Madras, and that the Kudiyiruppu assignment deed ( oppadai pathiram ) is not valid and binding on the defendants.