V. ARUMUGHA GOUNDER Vs. K. MANI

JUDGEMENT

(1.) This appeal is against the concurrent finding of the Courts below dismissing the suit filed for declaration and recovery of possession and mense profits.

(2.) The case of the plaintiff, who is the appellant herein is that, the suit property measuring 2.30 acres was purchased from one Raju Naicker on 2.01.1964. Out of the sale consideration of Rs. 1000/-, the appellant paid Rs. 500/- and the remaining Rs. 500/- was contributed by three other sons of Veera Gounder (Kuppusamy Gounder, Kannaiah Gounder and Shanmugam) The property was purchased in the joint name of Kuppusamy Gounder and Arumuga Gounder, the appellant herein. Some 20 years prior to the suit, the sons of Veera Gounder divided the property wherein 1.15 acres of land in the southern side was allotted to the appellant and the remaining 1.15 acres of land were divided among the four brothers. Thus the appellant is entitled for ? share in total extend of 2.30 acres. Whileso, in the year 1980, he orally mortgaged his ? share in the property to one of his brother Kuppusamy Gounder. After 5 years, he redeemed the property from the respondents herein who are the sons of Kuppusamy Gounder. After one year from redemption, the respondents forcibly occupied half of the land in the Northern 1.15 acres land. Hence, suit for partition claiming ? shares.

(3.) The rival contention of the respondents as found in their written statement is that, the factum of purchase of the suit property from Raju naicker is admitted. The claim of the plaintiff that he contributed half of the Sale consideration and the remaining half was jointly contributed by other 3 brothers, are not admitted. According to the respondents, when Veera Gounder decided to leave India and go to Malasiya along with his sons, he left the possession of his share of property in S.No.529, (1.15 acres, out of 2.30 acres) to the co-sharer Raju Naicker. In the year 1961, Veera Gounder died in Malaysiya. Due to long possession with Raju Naicker, the patta for entire extent of 2.30 acres, which include the share of Veera Gounder, stood in the name of Raja Gounder exclusively. On return to India, when sons of Veera Gounder approached Raju Naicker to get back the possession of their share in the suit property, he offered to sell his share of 1.15 acres in the suit property and execute a sale deed for entire 2.30 acres. Kannaiya Gounder and Shanmugam, who were other two sons of Veera Gounder, expressed their inability to contribute for the sale consideration and restricted their claim to 2/16 shares in the entire property.