J GANAPATHA; MARGILAL; DAVICHAND; HARISINGH Vs. N SELVARAJALOU CHETTY TRUST; SARVOTHAMAN; V ARUMUGACHANDRAN; M RAMACHANDRAN; FRANCIS GEORGE; ELANGO

JUDGEMENT

(1.) This Original Side Appeal has been directed against the judgment and decree dated 18-09-2006 passed in C.S.No.504 of 1998 by the learned Single Judge of this Court.

(2.) The first respondent herein, as plaintiff, has instituted C.S.No.504 of 1998 on the file of this Court praying for the reliefs of declaration, permanent injunction and also for vacant possession of the suit property wherein the present appellants and the remaining respondents have been arrayed as defendants .

(3.) The averments made in the plaint are that one Mrs. Padmini Chandrasekaran has purchased the suit property by virtue of a sale deed dated 26-09-1963 executed by the Advocate Commissioner in pursuance of Court-auction sale. After purchase, she has become absolute owner of the same. During her life time, she has executed a Will dated 30-09-1975 and thereby, appointed Sri. R. Krishnamoorthy, Advocate and DR.H.B.N. Shetty, IAS as Executors of the Estate in accordance with the terms of the Will. The testator has vested the suit property in favour of the plaintiff-Trust and the names of the Trustees have also been mentioned. The Will has been probated as per order passed in T.O.S.No.28 of 1982 on 28-10-1995. The suit property and other properties have become absolute properties of the plaintiff. The plaintiff has come to know that the first defendant even though a party in the sale deed dated 26-09-1963 claimed right over the suit property by virtue of a Will alleged to have been executed by Somasundaram Chettiar. The first defendant through his Power of Attorney viz., the second defendant has sold the suit property in favour of the defendants 3 to 6. The first defendant has had no salable interest. The defendants 3 to 6 have not derived any title to the suit property. In the said circumstances, the present suit has been instituted so as to declare that the sale deeds effected in favour of the defendants 3 to 6 by the first defendant through second defendant are void and also for the reliefs of permanent injunction and recovery of possession.