MUNIVEL Vs. MUNUSAMY MUDALIAR

JUDGEMENT

(1.) HEARD both sides. The appeal is directed against the judgment and decree of learned Subordinate Judge of Tindivanam dated 31.10.1989 in A.S.76 of 1987 which was preferred against the judgment and decree in O.S.No.489 of 1982, dated 30.4.1987 on the file of learned District Munsif Court, Tindivanam.

(2.) THE first respondent herein filed O.S.No.489 of 1982 on the file District Munsif Court, Tindivanam, against the appellant's mother Veeralakshmi Ammal who died pending the suit stating that he is the absolute owner of the property by purchase under the sale deed dated 26.6.1962, that though the sale deed is standing in the name of the mother of the appellant, she was only a benamidhar for his benefit. Hence the appellant disputed the title of the first respondent and the suit was necessistated. THE appellant resisted the suit contending that the suit properties were purchased by his mother out of the fund provided by his father, that the respondent who is none other than the appellant's sister's husband was cultivating the land on their behalf for some years and taking advantage of the same, he is trying to set up title with himself.

(3.) THE lower appellate court though concurred with the finding of the trial court that the case of benami set up by the plaintiff/respondent is not true, however, remanded the matter to the trial court with a direction to give a finding on the plea of adverse possession. Aggrieved against the judgment and decree, the appellant has filed the above civil miscellaneous appeal.