S.N.JANARDHANAN Vs. GANDHIGRAM TRUST

JUDGEMENT

(1.) The plaintiffs in a suit for declaration of title and recovery of possession have filed the present second appeal challenging the concurrent findings.

(2.) As per plaint averments, the suit schedule properties were the absolute properties of one Chellamuthu Chettiar by way of a registered sale deed in his favour dtd. 9/10/1911 which is marked as Ex.A1. He had died in the year 1930 intestate, leaving behind his three sons, Nagursamy Chettiar, Nagalingam Chettiar and Muthukamu Chettiar. It is further averred in the plaint that Nagursamy Chettiar and Muthukamu Chettiar have executed a registered release deed in favour of Nagalingam Chettiar on 23/11/1932 which is marked as Ex.A2. Thereafter, the suit schedule properties are the exclusive properties of Nagalingam Chettiar who had passed away in the year 1942 when the first plaintiff was five years old. Therefore, it devolved upon the first plaintiff and his three children who are arrayed as plaintiffs 2 to 4.

(3.) It is further averred in the plaint that the after execution of release deed on 23/11/1932, Nagursamy Chettiar and Muthukamu Chettiar have executed a registered sale deed in favour of the first defendant on 11/2/1949 which is marked as Ex.A3. This came to the knowledge of the plaintiff through their aunt Saraswathi Ammal in the year 1997. The plaintiffs had issued a legal notice on 4/2/1998 under Ex.A8 for which a reply was sent by the first defendant on 6/7/1998 under Ex.A9. According to the plaintiffs, their uncles do not have any right over the property and they have colluded with the first defendant and sold the property. The first defendant is not a bonafide purchaser for valuable consideration. The document dtd. 11/2/1949 is a void transaction. The uncle of the plaintiffs namely Nagursamy Chettiar and Muthukamu Chettiar are not entitled to act as guardian for the first plaintiff in view of the fact that his mother Sankarammal was alive. Therefore, the said transaction dtd. 11/2/1949 is a fraudulent transaction. Hence, he prayed for declaration of title and recovery of possession.