J KUPPUSWAMI MUDALI Vs. MAHALINGAM

JUDGEMENT

(1.) THE defendants in O.S.No.472 of 1979 on the file of District Munsif's Court, Tiruttani are the appellants in the above second appeal. THE respondent, Plaintiff filed the said suit for declaration and for permanent injunction or in the alternative recovery of possession of the plaintiff's property.

(2.) THE case of the plaintiff as found in the plaint are briefly narrated hereunder: One Govinda Mudali was the absolute owner of the suit property. He settled the suit property in favour of one Papammal, the vendor of the plaintiff under the registered settlement deed dated 14.5.1970, and she has also accepted the same. THE plaintiff purchased the suit property from the said Pappammal under a registered sale deed 2.4.1979 for Rs.3,000. Since the vendor of the plaintiff was in possession and enjoyment of the suit property, sold the same to the plaintiff, they have perfected their title to the suit property by adverse possession also. THE defendants have no right, title or interest in the suit property, attempted to trespass in the suit property and interfered in his peaceful possession and enjoyment of the same, which necessitated the plaintiff to file the present suit.

(3.) AGAINST the decree of the lower appellate Court, the defendants have filed the present appeal before this Court. While entertaining the appeal this Court has framed the following substantial questions of law for consideration: 1. Whether there is an omission to construe and misconstruction of the material evidence on record by the lower appellate court when it chose to reverse the judgment and decree of the first Court? 2. Whether there has been a proper construction by the lower appellate Court on Ex.A-1 on the question as to whether it is a Will subject to revocation?