JAGADEESA GOUNDER Vs. RUKMANI AMMAL

JUDGEMENT

(1.) THE plaintiff in O.S.No.634 of 1980 on the file of the District Munsif Court, Tindivanam, who had succeeded before the trial court and lost before the first appellate court in the appellant herein.

(2.) AT the time of admission the following two substantial questions of law were framed by this Court:

(3.) IT is to be pointed out that the plaintiff had not filed any reply statement to the written statement filed by the first defendant. The trial court found that Ex.A-1 sale deed executed by Annamalai in favour of the plaintiff is true and valid, that the suit for declaration of title is maintainable, that the plaintiff is entitled for recovery of possession besides mesne profits, that the first defendant has no right to convey the suit property under Ex.B-19 to the second defendant and that the plaintiff is still the owner of the property. The auction sale in favour of the first defendant is not binding on Annamalai. In the light of the said findings, the trial court granted a decree as prayed for.