KANDAVEL Vs. CHIDAMBARA PADAYACHI DIED

JUDGEMENT

(1.) THE defendants who have lost before both the courts below are the appellants.

(2.) THE first respondent (since deceased)/plaintiff instituted the suit for declaration of title to the suit property and for permanent injunction against the appellants herein/defendants. THE trial court having considered the recorded evidence and upon hearing both sides granted the decree as prayed for with costs. THE appellants herein filed the first appeal before the Subordinate Judge, Cuddalore and the learned Subordinate Judge after considering the evidence both oral and documentary and upon hearing the arguments on either side dismissed the appeal with costs by confirming the judgment and decree passed by the trial court. Hence, this Second Appeal.

(3.) THE learned District Munsif held on the basis of the recorded evidence and after hearing both sides on issue Nos. 1 to 8 as follows:- THE said Singaravelu Padayachi and the defendants were not members of the joint family and they became divided; the suit property was not joint family property of Singaravelu Padayachi and the defendants; the sale deed executed in favour of Renganayaki Ammal on 10. 4. 1978 was not a sham and nominal document; the sale deed dated 14. 8. 1980 in favour of the plaintiff was not a sham and nominal document; Singaravelu Padayachi did not incur any debt for his wayward and immoral life; the suit property belonged to the plaintiff; the suit property was in possession of the plaintiff and the same was not in the possession of the defendants. In view of the above findings on issue Nos. 1 to 8, it was held on issue No. 9 that the suit is not bad for non joinder of necessary parties and ultimately on issue No. 10, it was held that the suit was decreed as prayed for.