MUTHUSWAMY GOUNDAR Vs. RAMASWAMY GOUNDAR

JUDGEMENT

(1.) THE defendants in O.S. No.53 of 1986 are the appellants herein. THE suit was filed by the respondent/plaintiff for declaration of title and permanent injunction in respect of the land in Survey No.1008/1B5 covering an extent of 84 cents.

(2.) THE case of the plaintiff, in brief, is as follows; THE suit property and some other properties originally belonged to the plaintiff and his brother Kumarasamy and they lost the same in a Court auction in O.S. No.119 of 1953 and one Karuppanna Gounder purchased the same covering an extent of 1.57 acres under Ex.A.1, Sale Certificate dated 20.01.1960 and in turn, sold the same to the plaintiff and his brother's son Rathinasamy and as such, both of them became entitled to half share each and five years prior to the filing of the original suit, they divided the property into 84 cents and 73 cents respectively (totally 1.57 acres) between them. THE appellants/defendants are disturbing the possession of the respondent/plaintiff and hence, the suit.

(3.) ON the appeal preferred by the respondent/plaintiff, the lower appellate court, by accepting an additional evidence, namely Ex.A.5, sale deed executed in favour of the respondent/plaintiff's brother by the one Rathinamoorthy Gounder, the father of the first appellant, held that the suit property and other properties originally belonged to Rathinamoorthy Gounder, who sold it under Ex.A.5 to the respondent/plaintiff. Further, since the sale was effected through court under Ex.A.1, the lower appellate court accepted the title of the auction purchaser and came to the conclusion that the properties covered under Ex.A.5 and A.1 are one and the same and reversed the judgment of the Trial Court and decreed the suit against which, the defendants in the suit have preferred this Second Appeal.