KARUMALAI AND ORS. Vs. KITTU

JUDGEMENT

(1.) S.A.No.371 of 2008 has been preferred against the decree of the lower appellate Court in A.S.No.26 of 2006 setting aside and reversing the decree of the trial Court made in O.S.No.33 of 1998. The said suit was filed by Kittu, the respondent herein against one Periya Gounder.

(2.) During the pendency of the suit, the said Periya Gounder died and 6 persons

(3.) The suit was resisted by Periya Goundar, who was the sole defendant, contending that the suit property which was part of the property allotted to Komali Goundar in 1942 partition, was sold by him under a registered sale deed dated 15.04.1962 to the deceased defendant Periya Goundar for discharging the family debts and for maintaining the family of Komali Goundar; that right from the date of purchase, the said Periya Goundar was in possession and enjoyment of the same making payment of the kist to the Government; that the respondent herein/plaintiff in O.S.No.33 of 1998, having failed to challenge the said sale within the time of limitation, could not assail the sale and that the suit filed for declaration and injunction without a prayer for setting aside the sale would not be maintainable.