T.A.THANGAMANI Vs. S. MANOHAR AND OTHERS

JUDGEMENT

(1.) The first defendant in O.S.No.756 of 2004, which was originally filed as O.S.No.486 of 2000 on the file of the Subordinate Judge, Erode and upon transfer to the I Additional District Munsif, Erode and renumbered as O.S.No.758 of 2004, is the appellant.

(2.) The suit was filed by the plaintiff/first respondent herein seeking declaration of title and for recovery of possession. The sum and substance of the plaint is as follows:

(3.) The first defendant filed her written statement contending that the sale agreement dated 12.09.1997 was intended to be acted upon as an agreement of sale. According to the first defendant, he had borrowed monies from the second defendant and the agreement was executed by the first defendant as a security for the said borrowal. It is also claimed that the plaintiff happens to be the brother of the agreement vendor, namely, Jayasundari; therefore the sale deed itself has been created in collusion between the said Jayasundari, the plaintiff and the 2nd defendant. An additional written statement has also been filed by the first defendant contending that the suit is bad for nonjoinder of necessary party, namely, Jayasundari, the agreement vendor.