NALLASIVAM Vs. SUBRAMANIAM

JUDGEMENT

(1.) THIS Appeal has been filed under Sec.96 of C.P.C. against the judgment and decree passed by the Principal Subordinate Judge, Erode in O.S.No.141 of 1994 dated 14.07.2000.)THIS Appeal is filed against the judgment and decree passed by the Principal Subordinate Judge, Erode in O.S.No.141 of 1994 dated 14.07.2000.

(2.) THE defendants 9 to 13 in O.S.No.141 of 1994, on the file of the Principal Subordinate Judge, Erode, are the appellants before this Court. THEy are aggrieved by the judgment and decree of the trial court dated 14.7.2000 decreeing the suit filed by the plaintiff in O.S.No.141 of 1994, who is the first respondent before this Court.

(3.) THE suit was resisted by defendants 2 and 3 by filing a written statement wherein it was stated that the total extent of the suit schedule property shown in the plaint as 3.66 cents is not correct. According to them, the plaintiff's father Nachimuthu Gounder purchased 1.0 acre and 83 cents from the total extent and thereafter on 7.6.1982, he settled the property in favour of the plaintiff. THE property is being enjoyed by all of them according to their convenience and the western side of the property is in possession of defendants 2 and 3. THEy also sold their share to the defendants 9 to 13 and therefore, they have nothing to do with the suit and the suit is to be dismissed. A similar written statement was filed by the defendants 4, 5 and 7.