JEYAPAL Vs. VEERAPPAN

JUDGEMENT

(1.) THIS appeal has been preferred against the decree and judgment in A. S. No. 39 of 1994 on the file of the Court of Principal Subordinate Judge, Cuddalore dated 12. 2. 1997. The defendant 1 and 3, who have lost the defence before the Courts below, are the appellants herein.

(2.) THE averments in the plaint relevant for the purpose of deciding this appeal in brief are as follows:-

(3.) THE 1st defendant in his written statement would contend as follows:-The 1st defendant has no interest in respect of the suit property. The 1st defendant is not a necessary party to the suit. Govinda Koundar, Sanjivaraya Kounder and Thandavaraya Koundar are the brothers. Sanjivaraya Kounder was allotted 0. 42 cents. The 1st defendant is not aware of the sale deed executed by the Sanjivaraya Koundar and 4 others in favour of Subramaniya Koundar on 11. 5. 1972. The remaining 21 3/8 cents belongs to Sanjivaraya Koundar alone. Sanjivaraya Koundar had planted 20 coconut saplings in the suit land. Plaintiffs 1 to 3 are the children of Sanjivaraya Koundar born through his first wife Sornammal and D4 to D6 and D2 are the children of Sanjivaraya Kounder born through his second wife Muniyammal. The minor son of the 1st defendant viz. Jegannathan had purchased the remaining 21 = cent from his father. The old patta number for the said property is 176 for which the new patta number is 172. The 1st defendant is in possession and enjoyment of the suit property on the basis of his sale deed. The plaintiffs have no right or title in respect of the suit property. Hence, the suit is liable to be dismissed.