RAHAMATH BI Vs. JAMILABIVI

JUDGEMENT

(1.) This second appeal is directed as against the judgment and decree dated 06.12.1994, passed in A.S.No.52 of 1994 on the file of the Subordinate Judge, Villupuram, reversing the judgment and decree dated 25.10.1990 in O.S.No.708 of 1985 on the file of the District Munsiff Court, Kallakurichi.

(2.) For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

(3.) The case of the plaintiff in brief is as follows :- 3.1. The plaintiff filed the suit for declaration and permanent injunction. The suit property was purchased by the plaintiff from one, Duraisamy Mudaliar for valid consideration by the sale deed dated 21.05.1981. Originally, the said property was purchased on revenue auction by the vendor held by the Special Deputy Tahsildar, Kallakurichi on 15.10.1974 for the loan arrears due from the lawful owner one, Kamaludeen. The said sale was also confirmed by the Revenue Divisional Officer by an order dated 22.03.1975. The plaintiff's vendor also took possession of the suit property and he was in possession and enjoyment of the suit property. Thereafter the said property was purchased by the plaintiff on 21.05.1981. Since the purchase of the suit property, the plaintiff is in possession and enjoyment of the property. Patta was also issued in favour of the plaintiff. While being so, the first defendant issued notice on 15.01.1981 to the plaintiff and her vendor claiming the share in the suit property. Since the suit property has been auctioned for loan arrears due to the Government, who has got a first charge over the property, the first defendant is not entitled to claim any share in the property. Further submitted that the first defendant also admitted in her notice dated 15.01.1981 that the vendor of the plaintiff was in possession and enjoyment of the suit property. Therefore, the plaintiff filed a suit for declaration and permanent injunction.