V.N. PALANISAMY AND ORS. Vs. NALLASAMY

JUDGEMENT

(1.) THIS Second Appeal arises out of a decree of Additional Sub Court, Karur, dated 30.11.2011 made in Appeal Suit No. 42 of 2011, confirming the decree of the trial Court (Additional District Munsif Court, Karur) dated 10.03.2011 dismissing Original Suit No. 632 of 2007 filed by the appellants herein against the respondent herein.

(2.) THIS appeal in respect of the second appellant had been dismissed on 24.04.2015 for non -prosecution. M.P(MD) No. 1 of 2015 had been filed for setting aside the said order and to restore the appeal in respect of the second appellant also. By order dated 02.06.2015, the dismissal order dated 24.04.2015 passed against the second appellant has been set aside and the appeal filed by him also stands restored. The above said suit came to be filed by the appellants for the following reliefs: -

(3.) THE above said prayers came to be made based on the plaint averment that the suit properties were the ancestral properties and were allotted in a partition effected under a partition deed dated 02.11.1975 to the share of the first appellant/first plaintiff, who is the father of the appellants 2 and 3/plaintiffs 2 and 3; that subsequent to the said partition, all the three appellants/plaintiffs were in joint possession and enjoyment of the suit properties; that during the year 2007, the respondent/defendant started giving troubles to the appellants/plaintiffs by making an attempt to alienate the suit properties and trying to effect the mutation in revenue records; that the appellants/plaintiffs, on verification, came to know that the above said sale deed was obtained by playing a fraud and that hence, they were forced to file a suit for a declaration that the sale deed is null and void and for a permanent injunction of the nature indicated above. It was also contended by the appellants in their plaint that the sale deed was obtained only as a security for repayment of a loan.