RADHABAI AMMAL Vs. VASUKI AMMAL

JUDGEMENT

(1.) THIS Civil Miscellaneous Second Appeal has been filed against the order dated 22.7.1993 passed by the learned Additional District Judge, Cuddalore in C.M.A.No.46 of 1991. The said C.M.A. had arisen out of the order passed in E.A.No.941 of 1983 in O.S.No.61 of 1989 on the file of the Sub Court, Cuddalore.

(2.) SUBRAMANIYA Asari was the petitioner represented by his next friend Radha Bai in E.A.No.941 of 1984 in E.P.No.281 of 1981 in O.S.No.61 of 1969 on the file of the Sub Court, Cuddalore. The case of the petitioner is that one Pavadai Asari was the owner of the suit property, Pavadai Asari had taken his brother Ramalingam's son Dharmalingam, as his adopted son and hence Dharmalingam become entitled to the said property after Pavadai Asari. The natural father viz., Ramalinga Asari has been taking care of this property. Ramalinga Asari had left a Will on 7.9.1927 by which this property was given to Dharmalinga Asari to be enjoyed absolutely and by the said Will also Dharmalinga Asari became the absolute owner of this property.

(3.) THE lower appellate court had also observed that the petitioner was stated to be unsound of mind that no order has been obtained as provided under O.32, Rule 15, C.P.C. and in the absence of the same, the petition is not maintainable. By considering all the above aspects conjointly the lower appellate court came to the conclusion that the sale in favour of the respondent is valid and the same cannot be questioned by the petitioner and thereby set aside the order of the trial court and allowed the appeal. As against the same the petitioner has preferred this appeal.