RAJALAKSHMI Vs. MINOR VENKATESAN

JUDGEMENT

(1.) THIS appeal is directed by defendants 1, 2, 4 to 6 and 8 to 10 in O.S.No.49 of 1982 on the file of the Sub-Court, Pattukottai (Respondents in the same order in A.S.No.170 of 1984 on the file of the District Court, West Thanjavur) against the order of remand passed by the lower appellate Court.

(2.) RESPONDENTS 1 and 2 herein, who are appellants-Plaintiffs in A.S.No.170 of 1984, filed the suit for the reliefs of declaration and injunction. The case of the plaintiffs as set out before the trial Court can be. briefly stated as foilows:

(3.) THE trial Court framed as many as 11 issues and on the basis of the oral and documentary evidence adduced before the same and in view of the findings on issues 1 to 5, 8 and 9 came to the conclusion that the settlement deeds and the sale deed executed by Ramasami THEvar on 18.11.1959 are not sham and nominal documents, that they were duly ed upon by the parties, that they are not void and inoperative, that the family arrangement of 1973 is not true, valid and implemented and that the settlees under the document dated 18.11.1959 have perfected title by adverse possession. It was further held that the will dated 9.10.1981 under Ex.A35 executed by Ramasami THEvar, though true and valid, is deemed to have been cancelled by execution of a later will under Ex.B113 which is true and valid and genuine one and binding on the plaintiffs and that Ex.B113 alone will prevail. It was further held that in view of the above findings on issues 3 and 5, the plaintiffs have no title to the suit properties arid it was so held under issue No.8. Consequently, the trial Court dismissed the suit. Aggrieved by the same, the plaintiffs preferred the appeal. THE lower appellate Judge, without going into the merits of the case and without giving finding whether the finding of the lower Court is liable to be reversed as it is erroneous, ordered remand for the purpose of giving an opportunity to the plaintiffs to implead necessary parties, include properties and also adduce necessary evidence on the basis of the new pleadings.