CHINNASAMY Vs. DHANABAGYAM @ SEETHALAKSHMI

JUDGEMENT

(1.) The suit is for declaration, possession, mesne profit past and future. The second defendant is the appellant herein. He has filed this appeal aggrieved by the concurrent findings of the Court below.

(2.) The brief facts of the case is as follows :-

(3.) The sum and substance of the written statements and additional written statement filed by the defendants is that Thirthagiri Manikkar and Chennanna Manikkar are brothers, but the property was not in enjoyment as Hindu joint family. It is not their ancestral property. The properties were acquired by them on their own efforts. On the demise of Thirthagiri Manikkar on 05.10.1938, his property devolved upon his wife Thangamuthuammal. Thangamuthuammal settled her husband's properties to Kalyaniammal for life and to be vested absolutely with her husband's legal heirs. The said Kalyaniammal, predeceased Thangamuthuammal. Therefore Thangamuthuammal and Savithriammal, being the heirs of Thirthagiri Manikkar, the property reverted back to Thangamuthuammal and her daughter Savithriammal. During her lifetime, Thangamuthuammal sold some of her properties to Chinnasamy Gounder (second defendant), Govinda Gounder (9th defendant) Anderi (10th defendant) Venkataraman (11th defendant) and Raja Gounder Lala (a) Tirupathi Gounder (3rd defendant). Before execution and registration of the sale deeds, Thangamuthuammal died. Therefore, her daughter Savithriammal promised to execute the sale deeds in their favour, but before she could register the sale deeds in respect of the five items sold to the above said persons Savithriammal also died. For the rest of the suit properties, Savithriammal executed a Will in his favour (1st defendant) and therefore, the suit to declare the Will and five sale deeds as true and valid in O.S.Nos.95 and 96 of 1967 and 140 and 141 of 1972 and 88 of 1969, have been filed. The trial Court dismissed all the suits through a common judgment and decree dated 26.12.1977. Aggrieved by that, appeals were preferred and were pending before this Court. In the said circumstances, the compromise decree entered into between Nagaraja Manikkar and others will not bind the first defendant. Defendants 2,3 and 9 claimed right over the respective suit properties based on the alleged sale agreement executed by Savithriammal on behalf of her mother Thangamuthuammal.