A S A ARUMUGAM Vs. RAMALINGA NADAR

JUDGEMENT

(1.) DEFENDANTS is O. S. No. 430 of 1979 on the file of district Munsif, Manamadurai, are the appellants.

(2.) THE suit filed by the plaintiffs was one for declaration that they are entitled to the scheduled properties and for a consequential injunction restraining the defendants from in any way interfering with their possession and enjoyment of the suit properties. THE plaintiffs also prayed for a declaration that the sale deeds executed by them in favour of the appellants in 16. 6. 1979 are sham and nominal and the same does not convey any title. It is alleged that the appellants and their father are doing commission business at Vridhunagar and in the course of that business, the plaintiffs also got acquainted with them, that during the course of transactions, they had to execute two sale deeds in favour of the appellants, which, according to them, are sham and nominal and they continued to be in their possession and enjoyment.

(3.) AS I have said already, O. S. No. 55 of 1980 was also jointly tried along with O. S. No. 430 of 1979. The suit filed by the 2nd appellant was dismissed holding that they have no title to the properties.