RAMUAMMAL Vs. PAVUNU @ PAVUNAMBAL

JUDGEMENT

(1.) Challenging the concurrent findings of the Subordinate Court, Panruti and District Munsif Court, Panruti, in A.S No. 27 of 2004 and O.S No. 122 of 2004, respectively, the legal heirs of the deceased first defendant preferred this second appeal. The respondents herein are the legal heirs of the deceased first plaintiff and second plaintiff in the original suit. Before the Trial Court original plaintiffs namely Pavunambal and Babu filed the suit for the relief of declaration and delivery of possession with other consequential relief against the first defendant, and the second defendant being the brother already relinquished his right in their favour, added as formal party to the suit proceedings. The said suit was contested by the first defendant stating that neither the plaintiff nor the Angammal said to be an original owner of the suit property has no right and title over the property and he claimed absolute right over the property based on the Court Auction sale on 21/9/1970 in E.P No. 373 of 1970 in OS No. 831 of 1967. Ever since, he became the absolute owner of the suit property andhe possessed and enjoyed the same as lawful owner thereby disputed the plaintiffs' claim. On hearing both sides, the Trial Court decreed the suit in favour of the plaintiffs, against which, the first defendant preferred an appeal and the same was dismissed by affirming the findings of the trial court. While pending proceedings first plaintiff and the first defendant died leaving behind their legal heirs, Now their legal heirs of the first defendant preferred this second appeal.

(2.) This Court admitted the appeal on the following substantial questions of law:

(3.) The brief facts of the case are as follows: