VENKATAMMAL Vs. KADHIRAPPA NAIDU

JUDGEMENT

(1.) 1. Plaintiffs in O. S. No. 450 of 1983, on the file of the district Munsif s Court, Krishnagiri, are the appellants.

(2.) SUIT filed by them was one for declaration of title and to restrain the defendants and their men from in any way interfering with the plaintiffs'peaceful possession and enjoyment of the suit property, and for consequential reliefs.

(3.) IN the written statement filed by the first defendant, he contended that originally the property belonged to deceased plaintiff. But, as per document dated 6. 7. 1967, deceased plaintiff conveyed his absolute right over the property to deceased Gopamma. It is not a mortgage by conditional sale. But it was a sale with a condition to repurchase. It is further said that since the period for repurchasing the property is over, the suit is also barred by limitation. Defendants are enjoying the property as absolute owners and the plaintiffs'claim to repurchase the property is also disputed.