CHINNAPPAYAN Vs. ANNAMALAI (MINOR) AND OTHERS

JUDGEMENT

(1.) The fourth defendant of the suit O.S.No. 286 of 1982. on the file of the District Munsif of Dharamapuri has filed this Civil Miscellaneous Appeal, challenging the correctness and validity of the judgment and decree of the learned Subordinate Judge, Dharmapuri, made in A.S.No. 88 of 1989 dated 30-6-89, setting aside the decree and judgment given by the learned trial Judge in O.S.No. 286 of 1982 dated 21-8-84 dismissing the entire suit of the plaintiffs, who are minors represented by their next friend by name Pessimal on trying preliminary issue No. 2.

(2.) An extent of 5.28 acres of land which is the suit property is stated to have been originally belonged to one rule Founder, the first defendant, and who by way of Settlement dated 27-7-1981 settled the said property in favour of three minor plaintiffs through his son by name Indumban, the third defendant. The 2nd defendant is the another son of the first defendant. The minor plaintiffs are none other than the children of the third defendant. Subsequently as the fourth defendant, being the third party had transaction with the defendants 1 to 3 on more than one occasion by entering into contract of sale and ultimately purchased the suit property for proper and valid consideration and in the context of the dispute which arose among the parties herein, the minor plaintiffs represented by their next friend and maternal grand father by name Perumal filed the suit before the trial Court for declaring their right to the suit property and permanent injunction against the defendants as a consequential relief against their parenthood, from interfering with the peaceful possession and enjoyment of the same.

(3.) The suit was resisted by the fourth defendant very seriously, as the defendants 1 to 3 remained ex-parte. The trial Court upon the rival pleadings settled the following issues for trial