INBAMATHI Vs. RAMAR

JUDGEMENT

(1.) THE unsuccessful plaintiff in O.S.No.625 of 1992 on the file of the Principal District Munsif Court, Virudh -achalam, who has lost before the Courts below has filed the above second appeal.

(2.) THE appellant filed the suit for declaration of her title to the suit properties and for permanent injunction restraining the defendants from interfering with her possession.

(3.) THE brief facts of the case are as follows: The appellant claims title under a registered sale deed, dated 23.12.1991 executed by one Thaialnayaki. Thaialnayaki is said to have executed a mortgage deed in favour of the plaintiff on 13.08.1991 for a sum of Rs.10,000/ - and she is said to have obtained a further loan of Rs.14,000/ -. The appellant claims to be in possession and enjoyment of the suit properties from the date of purchase and the first defendant has no right to the suit properties. Pending the suit, the first defendant died and according to the appellant since there is no legal heir, none was added as Legal Representative of the first defendant. According to the appellant, though the defendants have no right to the suit properties, as they interfered with the possession of the appellant, they have been impleaded as defendants.