KRISHNAMOORTHY PADAYACHI DIED Vs. VADIVEL CHETTIAR DIED

JUDGEMENT

(1.) THE unsuccessful defendant Nos.2 and 7 in the suit in both the Courts below are the appellants in this second appeal. THE plaintiff filed the suit for declaration and for possession of the suit property apart from mesne profits.

(2.) CASE of the plaintiff was that defendants 1 to 7 belong to Hindu undivided family. Among them, the first defendant is the Kartha and conducting the family. Defendants 1 and 2 are brothers. The brother"in"law of the first and second defendants viz., Ramalinga Padayachi and the first defendant have borrowed in a finance, institution called Annamalai Finance an institution conducted by defendants 9 and 10, in which the ninth defendant is the Managing Partner, a sum of Rs.3,500 under a pro"note on 10.11.1964. Since the said amount was not paid, the ninth defendant filed a suit in 0. S.No.489 of 1966 for recovery of the amount and there was a decree passed in his favour on 1.9.1966. In execution of the said decree the ninth defendant has purchased the suit property in the present suit as well as two other properties in E.P.No.560 of 1970 and the said auction was conducted on 23.12.1970, which was confirmed on 29.1.1971.