SUBRAMANI Vs. ANJI

JUDGEMENT

(1.) SUBRAMANI, the defendant in O.S.No.391 of 1982 on the file of Principal District Munsif, Tirupattur, North Arcot District, is the appellant herein. Anji, the elder brother of the appellant is the plaintiff and the respondent herein.

(2.) THE respondent filed a suit against the appellant herein for declaration of title to the suit properties and for permanent injunction stating that the suit properties were purchased in his name under the sale deed dated 31.3.1968 for Rs.500 and he has been in possession and enjoyment of the same since then.

(3.) AFTER hearing the counsel for the parties and on perusal of the records, I am of the view that the judgment and decree passed by the trial court dismissing the suit have been set aside by the lower appellate court without any valid reason. As a matter of fact, the lower appellate court did not consider the material evidence adduced by the defendant, the appellant herein, which would clearly prove that the suit properties were only joint family properties and as such, the plaintiff would not be entitled to the reliefs of declaration of title and permanent injunction.