VINAYAGAM Vs. BALASUBRAMANIYAM

JUDGEMENT

(1.) THIS second appeal is focused by the defendant, animadverting upon the judgment and decree dated 10.8.1994 passed by the learned Subordinate Judge, Tiruvellore in A.S. No. 32 of 1990 confirming the judgment and decree dated 28.4.1990 passed by the learned District Munsif, Tiruvellore in O.S. No. 233 of 1986. For convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court.

(2.) NIGGARD and bereft of details, the germane facts, which are absolutely necessary for the disposal of this second appeal would run thus: The plaintiff filed the suit O.S. No. 233 of 1986 seeking the relief of declaration that the second plaintiff is the absolute owner of the house site described in the schedule of the plaint and for the consequential injunction by setting out the following averments: One Sivalingam purchased the suit property as per the sale deed dated 22.9.1936 from one Kuppammal and he has been in possession and enjoyment of the same. Following him, his son Ganapathy inherited the same and enjoyed it. After his death, his son the first plaintiff inherited it and sold it in favour of the second plaintiff as per sale deed dated 21.4.1996. The defendant without having any manner of right whatsoever started laying claim ever the suit property as though it is a joint family property. Hence the suit.

(3.) BEING disconcerted and aggrieved by the judgment and decree of both the Courts below, the defendant has filed this second appeal on various grounds, the gist and kernel of them would run thus: