ANJALAI AMMAL Vs. DURAISAMY

JUDGEMENT

(1.) THIS second appeal is preferred against the judgment and decree, dated 17. 10. 1996, passed in A. S. No. 93 of 1996 on the file of Subordinate Judge, Kallakurichi confirming the judgment and decree, dated 22. 1. 1993, made in O. S. No. 263 of 1988 on the file of Additional District Munsif, Kallakurichi. The defendant is the appellant.

(2.) THE respondents filed the suit seeking for a decree declaring their title to the suit properties and for permanent injunction restraining the defendant from interfering with the possession of the plaintiffs in the suit properties. The case of the plaintiffs is that the first item of the suit properties was purchased by them from Chellammal by sale deed dated 26. 10. 1987 for consideration of Rs. 17,780/- and they are in enjoyment of the same by paying taxes. The plaintiffs have further stated that they are in possession of both the items of the suit properties as owners and patta has been granted to them. According to the plaintiffs, the defendant has no right in the suit properties and unlawfully she is trying to interfere with the possession of the plaintiffs in the suit properties and hence they filed the suit.

(3.) THE defendant in her written statement has stated that the sale deed dated 26. 10. 1987 is not true, valid and it is not supported by consideration since the vendor Chellammal had no title to the first item of the suit properties on the date of sale. According to the defendant, Chellammal settled item No. 1 of the suit properties by Settlement deed dated 30. 3. 1984 in favour of the defendant and the defendant accepted the same and is in possession of the property by paying kist etc. It is further stated by the defendant that the above Settlement deed having come into force with regard to the first item of the suit property, the sale deed dated 26. 10. 1987 executed by Chellammal is not valid and the plaintiffs did not acquire any title by it. It is further stated by the defendant that the second item of the suit properties belonged to the father of the plaintiffs and the defendant and he died about 15 to 20 years prior to the suit and the defendant has a share in the above item along with the plaintiffs and they are in joint possession of the same.