THAMBAMMAL Vs. SUBBAYAMMAL (DIED)

JUDGEMENT

(1.) This appeal suit had been filed by the 2nd, 3rd and 5th Defendants in OS.No.261 of 1982, aggrieved by the judgement and decree dated 18.10.1989 passed by the Sub Court, Karur. This cross objection had been filed by the Plaintiff in OS. No. 261 of 1982, aggrieved by the denial of past and future mesne profits in the judgement and decree dated 18.10.1989 by the Sub Court, Karur. The above MP had been filed by one Muthu Naicker, son of Palanisamy Naicker, seeking permission to receive the judgement and decree in AS. No.2 of 1999 on the file of the Principal District Court, Karur, dated 4.4.2000, as additional document.

(2.) There were two suits in OS.No.261 of 1982 and OS.No.20 of 1984, which were tried jointly by the Sub Court, Karur and disposed of by the common judgement dated 18.10.1989. The Trial Court had decreed in part OS.No.261 of 1982, which had been filed for declaration to cancel the two sale deeds and one Will, which were said to have been executed by the 1st Defendant in the suit, by name, Nayandappa Naicker, who had subsequently died and also for recovery of possession and for past and future mesne profits. In the judgement, the Trial Court had granted declaration of cancellation of the documents and had also granted recovery of possession, but had denied granting mesne profits.

(3.) OS.No.20 of 1984 had been filed for specific performance of an agreement of sale entered into by the same Nayandappa Naicker. The said suit was dismissed.