RAMASAMI Vs. KRISHNASAMI ALIAS KRISHNAN

JUDGEMENT

(1.) PLAINTIFF in O.S. No.2556 of 1979, on the file of the District Munsif's Court, Karur, is the appellant herein. Defendants 1 to 6 are the respondents.

(2.) FOR the sake of convenience, reference to the parties in this appeal is made as per their array in the suit.

(3.) IN the written statement filed by defendants 1,2 and 4, they contended that Ex.A-2 is supported by consideration and has come into effect. They also said that the Housing Society was not formed, and there was no proposal for any, acquisition. The first defendant did not advise the original owner Nachimuthu Gounder to sell any property to any person and Ex.A-2 is only one such deed executed by him. Nachimuthu Gounder himself wanted to sell the property in many plots and one such building was purchased by the firs defendant for proper consideration. He also said that similar documents were executed by Nachimuthu Gounder on 21.10. 1963 and 8.10.1964 respectively, as per Exs.A-3 and A-4. They were executed in favour of strangers, and they are also in possession of the property. According to them Ex.A-2 was not a nominal document. But, after the sale, first defendant also wanted to put up a construction, but due to paucity of funds, he could not do it. Second defendant purchased the property for valuable consideration and he was also put in possession. He also said that eversince the date of Ex.A-2, he was the pattaholder for the property and he was paying kist for that area. He also said that since he is in possession of the (property pursuant to Ex.A-2, plaintiff cannot also acquire title by adverse possession and limitation. They prayed for dismissal of the suit.