V. CHOKKALINGA CHETTIAR Vs. R.SRINIVASA NAIDU

JUDGEMENT

(1.) The above Civil Revision Petition arises against the order passed in E.P.No.40/2009 in O.S.No.476/1996 on the file of the District Munsif Court, Gudiyattam. The legal representatives of the deceased judgment debtors are the petitioners 2 and 3. The legal representatives of the deceased decree holders are the respondents 2 to 8.

(2.) The deceased first respondent/plaintiff viz.,R. Srinivasa Naidu filed a suit in O.S.No.476/1996 on the file of the District Munsif Court, Gudiyatham for declaration and injunction. The trial court decreed the suit and the defendant V. Chockalinga Chettiar filed an appeal in A.S.No.20/2005 on the file of Subordinate Court, Gudiyatham and the lower appellate court also confirmed the judgment and decree of the trial court and dismissed the appeal. Aggrieved by the same, the defendant preferred a Second Appeal before this Court in S.A.No.141/2007.

(3.) While decreeing the suit, the trial court held that the plaintiff had not purchased the share of the defendant in S.No.199 and he has purchased less than the remaining 1/3 share and therefore, having purchased it, he is entitled to the decree as prayed for.