JAYARAMAN Vs. CHINNAPILLAI

JUDGEMENT

(1.) In this second appeal, the plaintiffs have impugned the judgment and decree dated 22.12.2009 made in A.S. No.37 of 2007 on the file of the Sub Court, Kallakurichi, confirming the judgment and decree dated 11.01.2007 made in O.S. No.694 of 2003 on the file of the III Additional District Munsif Court, Kallakurichi.

(2.) The second appeal has been admitted and the following substantial question of law is formulated for consideration in this second appeal:-

(3.) As seen from the evidence adduced by the respective parties, both the plaintiffs and the defendant claim title to the suit property from Palanimuthu. It is, therefore, evident that both admit that Palanimuthu was the original owner of the suit property. Now, according to the plaintiffs, they had purchased the suit property from Palanimuthu under Ex.A1 dated 07.11.200 It is also admitted that Ex.A1 is presented for registration on 11.11.200 Therefore, it could be seen that Ex.A1 would come into effect from the date of the execution of the document i.e. 07.11.200 Per contra, the defendant claims to have purchased the suit property from Planaimuthu under Ex.B1, which is dated 12.11.200 It is also found that Ex.B1 is presented for registration only on 111.200 Therefore, it could be seen that if Ex.B1, is held to be a valid document, it would take effect only from 12.11.200