JAYALAKSHMI AMMAL AND ANR. Vs. SUMAIAH AND ANR

JUDGEMENT

(1.) The appellants, who are the plaintiffs, aggrieved by the concurrent findings of the Courts below, has filed the above Second Appeal.

(2.) The suit in O.S.No.127 of 2011 was filed, seeking declaration of the execution proceedings in E.P.No.103 of 1991 in O.S.No.193 of 1989 on the file of the Sub Court, Ranipet as illegal and not binding on them and for consequential injunction.

(3.) It is the case of the plaintiffs that originally, the property belonged to one Ambujammal by virtue of sale deed dated 21.06.1938, having purchased the same, in favour of one Rama Mudali, who is her son. The said Rama Mudali had three children, namely, Chandrasekaran, Rajasekaran and Jayalakshmi. The said Jayalakshmi is the first plaintiff and her daughter is the second plaintiff, who was married to the said Rajasekaran. It is claimed by the plaintiff that she is also a part of the joint family, as she has a share in the property. The said Rama Mudali died on 18.09.1999. There was a suit filed by the first respondent against the said Rama Mudali in O.S.No.193 of 1989, in which, he suffered a decree, pursuant to which, E.P.No.107 of 1991 was filed and the first defendant had purchased the property in the Court auction on 19.10.1992. The second defendant is the husband of the first defendant. It is now the case of the plaintiffs that there is a discrepancy in the description of the property and since they were not parties to the proceedings, the sale is not binding on them. Hence, the suit was filed for declaration.