ARUMUGHAM Vs. ANNAMALAI

JUDGEMENT

(1.) The plaintiffs in O.S.No.1131 of 2009 whose suit for declaration of title, permanent injunction and declaration that the sale deed dated 30.11.2009 executed by the defendants 1 to 5 in favour of the 7th defendant is invalid and not binding on the plaintiffs was decreed by the trial Court, upon reversal of the said decree and judgment by the lower appellate Court in A.S.No.100 of 2012 have come up with the second appeal.

(2.) According to the plaintiffs, the suit property originally belonged to one Palani Gounder and his son Mari Gounder who purchased the suit properties under the registered sale deed dated 23.02.1947. It is the further claim of the plaintiffs that the said Palani Gounder and Mari Gounder had executed a nominal sale deed in favour of Sidhaiya Chettiar on 30.08.1961.

(3.) According to them, despite execution of the sale deed, the vendors namely Palani gounder and Mari Gounder continued in possession of the property and on their death, the property devolved on the plaintiffs 1 to 3 and one Gnanasekaran who are the sons of Mari Gounder. It is claimed that Sidhaiya Chettiar's legal heirs executed a settlement deed in favour of the 1st defendant and his wife Poongavanam on 07.11.1979.