RANGAPPA GOUNDAN (DIED) AND ORS. Vs. MARAPPA GOUNDAN

JUDGEMENT

(1.) THIS is an appeal preferred against the Decree and Judgment of the learned Subordinate Judge of Coimbatore in Appeal Suit No. 41 of 1953 modifying the Decree and Judgment of the learned District Munsif of Tiruppur in Original Suit No. 249 of 1951.

(2.) THE suit property originally belonged to Begavathiakkal. She sold the property to Marappa Goundan under Exhibit A -2. Subsequently, she executed a mortgage to Marappa Goundan including the Exhibit A -2 item also. Later on, she sold the mortgaged property to Rangappa Goundan under Exhibit B -1. Therefore, both Marappa Goundan and Rangappa Goundan have been competing for the title in respect of the Exhibit A -2 property. Both the Courts held in favour of Marappa Goundan and hence this Second Appeal.

(3.) BUT it was contended on the other side and which contention has been accepted by both the Courts on the foot of a decision of this Court in Parvathathammal v. Sivasankara Bhattar : AIR 1952 Mad 265 , that if Rangappa Goundan had abstained from making the further enquiries about the rights of the person in actual possession, that abstention must be attributed to gross negligence and even considered to be wilful abstention and that, therefore, he must be held to have had notice of the agreement to sell in favour of the plaintiff.