ARUMUGA GOUNDER (DIED) Vs. VELUSAMY

JUDGEMENT

(1.) The unsuccessful first defendant in O.S.No.3074 on the file of the I Additional District Munsif, Coimbatore is the sole appellant herein. Since he died during the pendency of this appeal, his legal heirs have been impleaded as appellants 2 to 6 and subsequently, since the 3rd appellant died, his legal heirs have been impleaded as appellants 7 and 8.

(2.) For the sake of convenience, the parties herein are called, as per the ranking mentioned in the suit in O.S.No.3074 of 1990.

(3.) The 1st respondent Thiru Velusamy is the plaintiff in O.S.No.3074 of 1990 before the First Additional District Munsif, Coimbatore. He filed a suit for partition of the suit property, which is a Punja land situate in Survey No.296/3, Kalapatti Village, Coimbatore District, within the boundaries stated in the plaint schedule. The suit property was purchased by one Karunaiammal, who is the grand mother of the plaintiff and the defendants 7 to 11, through a registered sale deed dated 21.08.1967 (Ex.A1) from one Rangasamy. Karunaiammal died intestate on 102.1971, as evidenced by the death extract Ex.A2. Her husband Chinnaiya Gounder executed a registered sale deed dated 22.04.1974 in favour of the first defendant (since deceased) in respect of the suit property. A certified copy of the sale deed is marked as Ex.A5. The case of the plaintiff is that, when he along with the defendants 7 to 11 are entitled to one share out of 7 shares in the suit property, his grandfather Chinnaiya Gounder should not have sold the suit property to the first defendant on 22.04.1974 through the original of Ex.A5 and therefore, the said sale deed is void, abinitio. Chinnaiya Gounder died on 19.09.1976, as evidenced by the death extract Ex.A4. Hence, the plaintiff has filed the present suit for partition to divide the suit properties into 42 equal shares and to allot one such share to him.