KALIAPERUMAL Vs. KANDASAMY PADAYACHI

JUDGEMENT

(1.) SECOND APPEAL against the judgment and decree of the Additional District Judge, Villupuram in A.S.No.132 of 1997 dated 22.09.1999 in reversing the well considered judgment and decree of the Additional District Munsif I, Ulundurpet, in O.S.No,396 of 1995 dated 30.01.1997.) The above second appeal has been filed by the defendants in O.S.No,396 of 1995 on the file of the Additional District Munsif Court, Ulundurpet, who succeeded before the Trial Court but lost before the First Appellate Court in A.S.No.132 of 1997 where-under the learned Additional District Judgec, Villupuram, reversed the judgment and decree of the Trial Court. The suit has been filed for declaration of the plaintiff's title to the suit property and for a consequential permanent injunction.

(2.) THE case of the plaintiff is that the suit property originally belonged to one Krishna Pillai and from him one Ponnammal, W/o. Manicka Padayachi purchased the same under a registered sale deed dated 05.05.1939 Ponnammal died intestate on 02.10.1942 leaving behind her only daughter-Alamelu Ammal, who inherited the suit property and while she was in possession and enjoyment, sold the property to the plaintiff under a registered sale deed dated 07.04.1980 from the date of purchase the plaintiff is in possession and enjoyment of the suit property covered by Patta No,90 and New Patta No,82 was issued in his favour plaintiff is paying the Kists since the defendants tried to interfere with the possession of the plaintiff he has filed the suit for declaration and for permanent injunction.

(3.) ON a consideration of the oral and documentary evidence adduced in the case the Trial Court held that the suit property was purchased in the name of Ponnammal, the female member of the family only, for the benefit of the minor sons and hence the vendor of the plaintiff had no valid title to sell the suit property to the plaintiff and accordingly dismissed the suit with costs. Aggrieved by that, the plaintiff filed an appeal in A.S.No.132 of 1997 before the Additional District Judge, Villupuram. The learned Additional District Judge, on an independent consideration of the oral and documentary evidence adduced in the case, the findings and reasonings of the trial court, reversed the findings of the trial court and decreed the suit as prayed for. Being aggrieved by that the above second respondent has been filed by the unsuccessful defendants.