M.RAMASAMY Vs. N.RAJAN

JUDGEMENT

(1.) The 1st defendant in O.S.No.436 of 2000 who was successful in getting the suit filed by the plaintiff for declaration and injunction, dismissed upon its reversal by the lower appellate Court has come up with this second appeal.

(2.) The suit was originally filed by the plaintiff / appellant seeking a declaration of his title on the following pleadings:

(3.) The suit was resisted by the defendants contending that the suit properties are not absolute properties of Muthusamy Gounder and he had no power to settle the same on minor Mani @ Balasubramanian. It was also contended that the 1st defendant herein had filed a suit in O.S.No.323 of 1986 on the file of the Subordinate Court, Namakkal for partition and separate possession of the share in the suit property in which exparte preliminary decree came to be passed on 24.08.1992. Thereafter, the suit was transferred to the District Munsif Court, Namkkal and renumbered as O.S.No.380 of 1998. In I.A.No.622 of 1998, a exparte final decree was also passed on 18.08.2000. Therefore, according to the defendants, the plaintiff being a lis pendens purchaser is not entitled to claim declaration of tile and injunction.