M SUBRAMANIAN Vs. RAMASWAMY

JUDGEMENT

(1.) THE Plaintiff is the appellant in this second appeal, who has filed the suit in O. S. No. 1749 of 1985 on the file of District Munsif Court, Coimbatore for declaration and injunction, which was decreed as prayed for. Aggrieved by the same, the defendants/respondents herein have preferred A. S. No. 193 of 1991 before the Principal Subordinate Judge, Coimbatore, which was allowed, setting aside the decree and judgment of the trial court, hence, the present second appeal.

(2.) HEARD both sides. The subject matter of the dispute is in respect of vacant land comprised in Ka. Sa. No. 369 and 370 to a total extent of 5 1/2 cents in Ramanathapuram Village, Coimbatore District. The appellants claim their title to the said land under Ex. A1, sale deed dated 30. 09. 1976 and the respondents herein claim their title under Ex. B1, sale deed dated 07. 09. 1978. Both the sale deeds were executed by one Arumugam in favour of the appellants as well as the respondents.

(3.) THE trial court decreed the suit on the ground that Ex. A1, sale deed dated 30. 09. 1976 in favour of the appellants is earlier in point of time, hence, the said Arumugam has no right to execute Ex. B1, sale deed dated 07. 09. 1978 in favour of the respondents.