V. KARUPPAN Vs. G. CHANDRA SUSEELA AND ORS.

JUDGEMENT

(1.) The second appeal has been preferred against the Judgment and Decree, dated 22.12.2010 made in A.S. No. 20 of 2010 on the file of the Sub -Court, Bhavani, confirming the order and decretal order, dated 31.03.2010 made in C.F.R. No. 1030 of 2010 on the file of the Principal District Munsif, Bhavani. The appellant herein was the plaintiff before the trial court. The suit property was originally belonged to one Kaliammal, by virtue of a sale deed, dated 23.04.1937. On 07.04.1942, the said Kaliammal sold the property to one Abraham and in turn Abraham sold the property to one Onkaliammal. Subsequently, Onkaliammal had executed a Will, dated 20.04.1971 in favour of her sister Kolandaiammal, who sold some properties as house sites. The appellant/plaintiff is the only legal heir of the Kolandaiammal and as such he is entitled for the suit property. The defendants, who have no right or title over the suit property have filed a suit in O.S. No. 133 of 2004 and got ex -parte decree, based on the said decree, they filed Execution Petition and got an order for delivery of possession in E.A. No. 33 of 2009. One Kirubamani, from whom the defendants alleged to have derived title to the suit properties had filed a suit in O.S. No. 275 of 1983 for partition and separate possession against Kuzhandai ammal, the mother of the appellant and 17 others and subsequently the same was withdrawn. Again she filed a suit in O.S. No. 133 of 2004 seeking declaration of title and recovery of possession of the property and in the said suit, Mrs. Kirupamani impleaded the appellant herein as one of the defendants. The said suit was decreed ex -parte on 07.04.2004 against the appellant herein. The appellant filed a petition, to set aside the ex -parte decree with the delay and the same was dismissed and confirmed by this Court. The appellant herein filed an unnumbered suit in CFR No. 1030 of 2010 before the Principal District Munsif, Bhavani. The said Kirubamani died on 01.01.2010 and hence, her legal heirs were added as defendants in the plaint. The legal heirs of Kirubamani have also filed a case before the Sub -Court, Bhavani in O.S. No. 20 of 2010. The appellant/plaintiff filed a petition in I.A. No. 94 of 2010 to implead himself in the above suit in O.S. No. 20 of 2010, which was pending. The respondents/defendants are attempting to interfere with the peaceful possession and enjoyment of the plaintiff over the suit property and hence, the present suit was filed, seeking to declare the title of the appellant/plaintiff over the suit property and for consequential injunction.

(2.) The Principal District Munsif, Bhavani, received the plaint in C.F.R. 1030/2010 and after considering the pleadings and the arguments advanced, has not inclined to register the plaint on file, but rejected the same. Aggrieved over the same, the appellant/plaintiff preferred A.S. No. 20 of 2010. The Sub -Court, Bhavani, confirmed the order and decretal order passed by the trial Court and dismissed the appeal. Challenging the same, the appellant/plaintiff has come forward with this Second Appeal.

(3.) This Second Appeal is admitted, based on the following Substantial Questions of Law: