S. JAYARAMAN Vs. M. SINGARAVELU AND ORS.

JUDGEMENT

(1.) Second defendant in O.S. No. 53 of 1993, on the file of Principal District Munsif's Court at Karaikal, is the appellant herein.

(2.) Suit filed by plaintiffs, who are respondents 1 to 3 in this Second Appeal, was one to recover possession of the plaint schedule property from the appellant and 4th respondent herein (defendants in the suit) and also for a permanent prohibitory injunction restraining the defendants from interfering with their possession after taking possession. In the plaint, it was stated that the property originally belonged to one Muthuramalingam Pillai, and on his death, it devolved on his widow and children, who among themselves executed a release deed on 21.7.1986 under which the plaintiffs alone became the absolute owners of the suit property.

(3.) It is further said that even while Muthuramalingam Pillai was alive, there was an agreement for sale in respect of the plaint schedule property whereby the first defendant agreed to purchase the same for a total consideration of Rs. 13,000 (thirteen thousand) for which Rs. 5,000 was paid as advance. In the revenue records, the plaint schedule property was described as a poramboke land and, therefore, there was some doubt in the mind of the first defendant to purchase the same. After the death of late Muthuramalingam Pillai, a suit had to be filed against the village Commune and also the Union of India for declaration that the suit property belonged to the plaintiffs absolutely and also to convey the tenure of the land as one of patta land. The said suit O.S. No. 157 of 1985, on the file of Principal District Munsif's Court, Karaikkal. After elaborate trial, the said suit was decreed, and patta has also been grated in favour of the plaintiffs.