POONGAVANAM AMMAL Vs. KARUPPAYI AMMAL

JUDGEMENT

(1.) THE unsuccessful defendants 1 to 4 in O.S.No.34 of 1987 on the file of the Sub-Court, Vriddhachalam are the appellants in the above appeal.

(2.) FOR the sake of convenience the parties are referred to as per their ranking in the suit.

(3.) PURSUANT to the oral partition in 1959, the plaintiff and Angammal were enjoying the 'A' and 'B' schedule properties respectively, while so, Angammal alienated the 3rd item of 'B' schedule property in favour of the defendants 5 to 7. Since Angammal was dealing with the properties allotted under oral partition, the plaintiff did not object the same. To get a binding adjudication, the alienees have also been impleaded as parties. Since the plaintiff and defendants 1 & 2 are co-sharers they are in joint possession of the suit properties in consonance with the oral partition in 1959. The plaintiff has sought for a declaration of title in respect of 'A' schedule properties. Since the defendants 1 to 4 have trespassed into 'A' schedule properties after filing of the suit, recovery of possession was also prayed for and mesne profit was also claimed. Since the 8th defendant has purchased the 1st item of the 'A' schedule properties on 13.02.1987 she has also been impleaded as a party.