THIRTHAGIRI Vs. CHINNATHAMBI GOUNDER

JUDGEMENT

(1.) The Suit in O.S. No. 1570 of 1981 was laid before the District Munsif, Thiruvannamalai, for Declaration of title over the Suit property and for consequential Injunction. Both the Suit and First Appeal came to be dismissed. Parties would be referred to by their rank before the Trial Court. The Appellant is a pendente lite Purchaser from the Plaintiff. Any reference to the Plaintiff will refer to the Appellant.

(2.) The Suit property in the Plaint is described as two Schedule of properties viz., Item No. 1 and Item No. 2. The Appeal is confined to Item 1, shown to have an extent of 5.51 acres out of a larger extent measuring 7.41 acres in Survey No. 57 of Thondamanur Village in Chengam Taluk, Thiruvannamalai District.

(3.) The Plaintiff was a certain Mannankatti Ammal. During the pendency of the Suit, she had sold the Suit property to Thirthagiri, the present Appellant. The Suit came to be dismissed by the Trial Court on 11/8/1995. Challenging the same, the Plaintiff had preferred A.S. No. 57 of 1995 on file of the Sub-Court, Thiruvannamalai, and on 31/7/1996, this Appeal came to be allowed. Challenging the same, the First Defendant preferred S.A. No. 1413 of 1998 before this Court and this Court vide its Judgment dtd. 20/4/2001, remanded the matter back to the First Appellate Court for considering certain aspects indicated therein. Post remand, the First Appellate Court dismissed the Appeal on 3/10/2007. Aggrieved by the same, the pendente lite transferee of the Plaintiff has preferred this Second Appeal.