LAWS(MAD)-1955-3-41

RANGAYYAN AND ANOTHER Vs. INNASIMUTHU MUDALI AND OTHERS

Decided On March 28, 1955
Rangayyan And Another Appellant
V/S
Innasimuthu Mudali And Others Respondents

JUDGEMENT

(1.) This is a second appeal which has been preferred against the decree and judgment of the learned Subordinate Judge of Coimbatore in A.S. No. 50 of 1953, confirming the decree and judgment of the learned District Munsif of Gobichettipalayam in O.S. No. 543 of 1950.

(2.) The facts are : The first plaintiff purchased the suit property, a vacant site with a Salai thereon, along with other properties from his sisters, who are the widows of one Madhae Goundan under Ex. A-1 dated 4-4-1934. The plaintiffs' case is that after the purchase the disputed property remained vacant, that the first plaintiff put up a salai thereon in 1936 and after that his farm servants used to be housed therein.

(3.) On coming to court the contention raised by the defendants, who are now occupying the property, is that the first defendant's father Sevuthi Mudali purchased the suit property from Sadhae Goundan under an oral sale several years prior, that Sevuthi Mudali put up a building and ever since Sevuthi Mudali and alter him the defendants have been living there.