THIAGRAJAN Vs. KRISHNAMA RAJA

JUDGEMENT

(1.) THE plaintiff who was a minor when O.S. No. 24 of 1979 was filed and has since become a major, and has lost the case in both the Courts below, is the appellant before me.

(2.) THE said suit was filed on the file of the court of the Subordinate Judge, Ramanathapuram at Madurai for partition and separate possession of his 1/12th share in A Schedule properties excluding the properties described in B Schedule, and for mesne profits from May, 1973, and costs.

(3.) CHALLENGING the purchase of the entire joint family properties in the court auction sale by the 15th defendant, the 14th defendant in the present suit, filed O.S. No. 37 of 1966, on the file of the court of the Subordinate Judge of Ramanathapuram at Madurai for partition and separate possession of his share in the joint family properties. In the said suit, namely, O.S. No. 37 of 1966, the decree holder, namely, Ammani Ammal and, the defendants 15 to 17 in the present suit were also parties apart from all the other joint family members including the plaintiff in the present suit. The said suit was decreed by the trial court overruling the objection raised by the court auction purchaser, 15th defendant in the present suit, and the said decree was also confirmed by. the first appellate court in A.S. No. 77 of 1970 and also by this Court in N.R. Janaka Raja v Sivalinga Raja and 16 others. The judgment in S.A. No. 1244 of 1970 was given on 28th April, 1973. Pursuant to the decree in O.S. No. 37 of 1966, confirmed by the appellate courts, the. 14th defendant who was the plaintiff in O.S. No. 37 of 1966, got his share divided by metes and bounds. and those properties are described as B Schedule properties in the present sun.