CHELLAPPAN Vs. VARASU DEVI

JUDGEMENT

(1.) There are two suits viz., O.S. No.381 of 1989 and O.S. No.385 of 1989. Varasu Devi filed the Suit in O.S. No.381 of 1989 while Seethalakshmi Ammal filed the Suit in O.S.No.385 of 1989. Both the Suits were filed against one and the same defendant - Chellappan. Both the Suits were disposed by a Common Judgment and Decree dated April 25, 2001 by 'the District Munsif, Chengalpattu' ['Trial Court' for brevity]. The Trial Court held that the plaintiffs in both Suits have title over only an extent of 24 Cents out of the total 33 Cents in Suit Survey No.127 and the remaining 8 Cents were purchased by the defendant - Chellappan through a valid Sale Deed. Accordingly, the Trial Court partly decreed the Suits and granted declaration and permanent injunction in respect of 24 Cents in favour of the plaintiffs.

(2.) Feeling aggrieved by the Common Judgment and Decree dated April 25, 2001, Varasu Devi and Seethalakshmi Ammal preferred the Appeals in A.S. No.12 of 2001 over O.S. No.381 of 1989 and A.S. No.13 of 2001 over O.S. No.385 of 1989 respectively before 'the Additional Sub Judge, Chengalpattu' ['First Appellate Court' for brevity]. The First Appellate Court after hearing both sides, allowed the Appeal vide its Common Judgment and Decree dated March 28, 2002 and concluded that the plaintiffs in both Suits are in possession and enjoyment of the entire extent of 33 Cents and the defendant shall not interfere with their peaceful possession and enjoyment over the same. Accordingly, the Suits were decreed in respect of the reliefs of declaration and injunction by the First Appellate Court.

(3.) Feeling aggrieved by the Common Judgment and Decree, the defendant - Chellappan, who is the respondent in both the Appeal Suits have preferred these Second Appeals. The Second Appeal in S.A. No.549 of 2004 was preferred over A.S. No.12 of 2001 and that in S.A. No.550 of 2004 was preferred over A.S. No.13 of 2001. They were admitted on April 2, 2004 on one and the same Substantial Question of Law which reads as follows: "Whether sale deed executed by the guardian of minor Vijayalakshmi without permission of the Court for such sale is valid?".