SUNDARAM AND ORS. Vs. R. BALASUBRAMANIAN

JUDGEMENT

(1.) This Memorandum of Second Appeal has been directed against the Judgment and Decree dated 22.7.2003 and made in the Appeal in A.S.No.75 of 1999 on the file of the learned Additional District Judge (Fast Track Court No.II), Kancheepuram, confirming the Judgment and Decree dated 29.4.1989 and made in the Suit in O.S.No.1088 of 1996 on the file of the learned Additional District Munsif, Kancheepuram.

(2.) The appellants herein are the plaintiffs in the suit. The plaintiffs 2 to 4 are the sons of the first plaintiff. The plaintiffs 5 and 6 were impleaded as the legal heirs of the first plaintiff vide order dated 3.6.2002 passed in I.A.No.165 of 2002. The respondent is the defendant.

(3.) The case of the plaintiffs is that, originally, the suit property was belonged to one Subbaraya Udayar, son of Pachaiyappa Udayar. Thereafter, the property was subjected to several transactions. One Valliammanl, wife of Muthumani Udayar had executed a Streedhana Deed on 11.11.1916 and thereby bequeathed the property in favour of her daughter, Poongavanammal. Subsequently, the said Poongavanammal had borrowed a sum of Rs.100/- from Nathapettai Co-operative Society after creating a mortgage on 20.6.1923 in respect of the property. Since Poongavanmmal had not discharged the mortgage debt, the property was brought into auction by Nathapettai Co-operative Society. In the said auction, one Nagalingam Mudaliar had participated and purchased the said property as evidenced from the delivery receipt dated 22.2.1927. Therefore, Nagalingam Mudaliar had became the owner of the property.