R THANGAM Vs. P T RAM MOHAN

JUDGEMENT

(1.) This second appeal arises out of a suit being O.S.No.180 of 2004 on the file of 'District Munsif Court, Shencottai' (hereinafter referred to as 'trial court' for brevity). One R.Thangam, sole defendant in the trial court is the appellant before this Court in the instant second appeal. One P.T.Ram Mohan, sole plaintiff before the trial court in the aforesaid suit, is respondent No.1 before this Court in the instant second appeal.

(2.) 20 cents or thereabouts of land together with Coconut trees thereon comprised in S.No.438/4 in Puliarai village in Shencottai Taluk in Thoothukudi District is the subject matter of the instant second appeal and the same shall hereinafter be referred to as 'suit property'. To be noted, schedule in the plaint in the trial court and the decree in the trial court describe extent of suit property as 30 cents of land, but both sides before this court agree without any disagreement that the extent of suit property is only 20 cents or thereabouts.

(3.) Pending second appeal, plaintiff in the trial court who was originally sole respondent in the instant second appeal, sold the suit property to and in favour of one A.Muthiah Moopanar in and by a registered sale deed dated 20.09.2013, registered as document No.1436/2013 on the file of the Sub Registrar Office, Shencottai. Owing to such sale, the vendee Muthiah Moopanar was impleaded as respondent No.2 in this second appeal.