O K MUNIYAN Vs. GOVINDA CHETTIAR

JUDGEMENT

(1.) THE plaintiffs in O. S. No: 309 of 1987 who are defendants in O. S. No: 515 of 1988, having aggrieved against the common judgment of the first appellate court have preferred both these second appeals.

(2.) BOTH the parties have filed their respective suits seeking the same reliefs of declaration of title and for permanent injunction against each other. As the subject matter of the suit property and the parties are one and the same, both the suits were tried jointly and common evidence was recorded in O. S. No. 515/88 and for convenience, the parties were referred to as arrayed in the said suit. Here also the same thing is being followed.

(3.) THE gist of the plaintiffs' case is that the suit properties were purchased by the plaintiffs in court auction in E. P. No:649 of 1964 in O. S. No. 409 of 1963 on the file of the District Munsif Court, Dharmapri by proceedings dated 26. 2. 1965. One Kuppan Egali who is the father of the defendants namely Munian, Munusamy and Chennakrihsnan mortgaged the suit properties to one Chinnasamy Chettiar, the legal heirs of the said Chinnasamy Chettiar filed a suit in O. S. No:409 of 1963 to recover their money. One of the legal heir is 2nd defendant in O. S. No. 809 of 1987, namely Ravindran. The said suit in O. S. No:409 of 163 was decreed and the mortgaged properties were brought for auction on 26. 2. 1965 and the plaintiff has purchased the mortgaged properties in the said court auction sale. The auction sale was also confirmed by the court on 6. 4. 1965 and possession of the properties was also delivered to the plaintiff by court Amin on 18. 10. 1965. Thus the plaintiff is in possession of the suit properties from the date of delivery by the Court Amin and the defendants have no right in the suit properties. The father of the defendants namely Kuppan Egali died on 30. 12. 1969. Since the defendants are trying to disturb the possession of the plaintiffs denying their right in the suit properties, the suit has been filed for the reliefs of declaration of title and for permanent injunction.