DAKSHINAMOORTHY Vs. RAJESWARAN

JUDGEMENT

(1.) This Second Appeal arises from the suit filed for recovery of possession and mesne profits. While the trial Court dismissed the suit, the First Appellate Court reversed the trial Court Judgment and allowed the suit. Hence, this Second Appeal has been preferred by the defendants.

(2.) The facts of the case as unfold through the pleadings and evidence are as under:-

(3.) The plaintiff, who is the only son of the said Thiru.Thambusamy, contends that, the suit land was given in assignment subject to certain conditions. Till the last installment is paid, the title will not pass on to the assignee. His father Thiru.Thambusamy died without discharging the dues. Before title could be transfered to his name, he has given possession of the property to the defendants. The plaintiff is not aware what type of arrangement his father had with the defendants. But, the defendants are in possession of 100 kuzis of land. Thiru.Thambusamy is not competent to induct into possession any third party in the suit property. The assignment order prohibits any assignment or transfer of the land before expiry of 10 years from the date of assignment or before the payment of entire costs of the land. Any arrangement between Thiru.Thambusamy and the defendants is in violation of assignment order and void.