MALAIYANDI Vs. PALANISAMY; BALASUBRAMANIAN; GOMATHI; ANANTHAVALLI; VELMURUGAN; MUTHUSAMY; GOVINDAMMAL; VADIVELU; GANAPATHY

JUDGEMENT

(1.) The second defendant, who lost the legal battle before both the Courts below, has come forward with this Second Appeal.

(2.) The respondents 1 to 5/plaintiffs filed the suit for declaration of title and injunction stating that the suit properties are originally belonging to one Vellaiyan, son of Satthan, from whom, one Meenakshiammal, wife of Mayalagu and daughter of Karuppan, purchased the same under the registered sale deed dated 27.09.1954. One Ponnandi, father of the first plaintiff purchased the same from the said Meenakshiammal through the registered sale deed dated 30.09.1961. The father of the first plaintiff died in the year 1997, leaving behind the plaintiffs as his legal heirs. Patta was granted for the suit properties in Patta No.543 and after the death of the father of the first plaintiff, there was a mutation of revenue records and the plaintiffs are in possession and enjoyment of the same. However, when the plaintiffs tried to cut the karuvela trees situated in the suit property, the defendants gave a police complaint, consequent to which, it was stated that the first defendant has got an oral sale agreement with the father of the first plaintiff, but no such sale agreement was executed. Hence, they were constrained to file the suit. Further, it is stated that the fifth defendant has purchased 2s cents on 16.09.1982 from the first plaintiff and his father. The plaintiffs are not in possession of the property sold to the fifth defendant and the rest of the properties were shown as the suit schedule of properties. Hence, they have prayed for declaration of title and permanent injunction.

(3.) Resisting the same, the second defendant filed a detailed written statement, stating that the father of first plaintiff entered into an oral sale agreement with the second defendant and one Chinnathambi, son of Udaiyan and he also executed a power of attorney on 19.09.1989. Thereafter, the second defendant and the said Chinnathambi repaired the same and converted the same into plots. The first plaintiff and his father sold Plot No.19 in favour of the fifth defendant and Plot Nos.3 and 4 in favour of one Sonaimuthu on 22.09.1989. It is further stated that the second defendant paid a sum of Rs.70,000/- out of the total sale consideration of Rs.1,25,000/- on 23.08.1996. Further, on 29.08.1996, a sum of Rs.30,000/- was received by the first plaintiff and his father and they also made an endorsement in the backside of the original sale agreement. On 22.09.1996, the second defendant paid another sum of Rs.10,000/- to meet out the medical expenses of the father of the first plaintiff and the first plaintiff also made an endorsement therein. Hence, the second defendant is liable to pay the balance amount of Rs.15,000/- and that amount has been paid on 19.05.2002, however, no endorsement has been made. Since the sale deed has not been executed by the plaintiffs, they filed the suit. Hence, the second defendant prayed for the dismissal of the suit for non-joinder of necessary parties and for misjoinder of unnecessary parties.