SARASU Vs. LAKSHMI

JUDGEMENT

(1.) Aggrieved over the concurrent finding of the Courts below in decreeing the suit filed for declaring the Plaintiff's right and title to the half share in the suit property and also directing the defendants 3,4 and 5 to vacate and deliver possession and directing the suit property to be divided into two equal shares, allotting and giving one such share to the plaintiff in the suit property, the present second appeal has been filed.

(2.) The brief facts leading to file this Second Appeal is as under:

(3.) It is the case of the Defendants 3,4 and 5 that the Plaintiff has filed the suit on the basis of the Release Deed executed by the father of the 3rd Defendant on 31.10.1931 in favour of his brothers and father. According to the defendants the Release Deed was the subject matter of the suit in the year 1942 in O.S.No.530 of 1943. The Release Deed was set aside and the appeal filed against the decree and judgment reached finality. The above suit was filed by Ganapathi Thevar which was dismissed on merits on 29.06.1944. The Appeal in A.S.No.371 of 1944 was also dismissed. In the reply statement the Plaintiff denied the contention of the Defendants.