KARUPPAYAL AND ORS Vs. ARUMUGAM

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and decree in A.S. No. 74 of 1995 on the file of the Court of Subordinate Judge, Gobichettipalayam. The defendants, who have lost their defence before the Courts below, are the appellants herein.

(2.) The averments in the plaint for the purpose of deciding this appeal sans irrelevant particulars are as follows:

(3.) The second defenant has filed a written statement which was adopted by the defendants 1 and 3 to 5 as follows: The father of second defendant is Kaliappa Gounder and not Palani Gounder. The plaintiff has to prove that the suit property originally belonged to theirfather Annamalaigounder and that after his death, the plaintiff's brother Kumarasamy was managing the suit properties in Survey Nos. 277/2 and 277/5 and that for the past two years, the plaintiff is managing the said properties. The plaintiff ought to have filed the suit in the capacity of the Manager of the family being a co sharer of the joint family. The plaintiff is not entitled to file the suit in his individual capacity. On this ground alone , the suit is liable to be dismissed.