K MANIAN Vs. P MURUGESAN

JUDGEMENT

(1.) Subject matter of the instant second appeal is a dwelling house standing on land admeasuring 1518 square feet or thereabouts. The superstructure is in the form of a concrete structure, which is a dwelling house. The detailed description of this property as contained in the decree of the Trial Court is as follows:

(2.) One P.Murugesan [hereinafter referred to as 'plaintiff' for the sake of convenience and clarity] filed a suit on 18.11.2002. This suit is O.S.No.389 of 2002 on the file of 'District Munsif Court, Palani', which shall hereinafter be referred to as 'Trial Court' for the sake convenience and clarity. This suit was filed by the plaintiff against three individuals, viz., K.Manian, Manian's wife M.Thangamani and Manian's son M.Ramesh, arraying them as defendant No.1, defendant No.2 and defendant No.3 respectively. To be noted, pending instant second appeal, K.Manian died on 04.07.2012 and his daughter, K.Kokila has also been brought on record [fourth appellant] in this second appeal. Therefore, K.Manian's wife, son and daughter shall hereinafter be referred to as 'defendants' collectively. Individually K.Manian, his wife M.Thangamani and his son M.Ramesh shall be referred to as defendant No.1, defendant No.2 and defendant No.3 respectively. K.Manian's daughter Kokila shall be referred to as appellant No.4. All this for the sake convenience and clarity.

(3.) Case of the plaintiff is that the suit property originally belonged to defendant No.2 and she conveyed the suit property to her spouse namely, defendant No.1 in and by a registered deed of settlement, dated 27.05.1992 [Ex.A.1]. It is the further case of the plaintiff that defendant No.1 conveyed the suit property to the plaintiff in and by a registered sale deed, dated 28.05.2001 [Ex.A.2] for valuable consideration.