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1976 Supreme(Mad) 59

M.M.ISMAIL
Kistappa Naicker and others – Appellant
Versus
Elumalmi Naicker – Respondent


Advocates:
R. Sundaravaradan, for Appellants.
T. Rangaswami Ayyangar and K. Srinivasan, for Respondent.

JUDGMENT.-The defendants in O.S. No. 291 of 1970, who succeeded before the trial Court, but lost before the first appellate Court, are the appellants herein. One Palani Ammal is the mother of the first appellant herein. The suit properties stand in the name of Palani Ammal, purchased by her under Exhibit A-2 dated 3rd September 1949 and Exhibit A-3, dated 17th August, 1965. The respondent purchased the suit properties from Palani Ammal under Exhibit A-2, dated 22nd September, 1969. Alleging that the appellants unlawfully trespassed on 5th March, 1970, cut and removed the crops raised by the respondent the suit was instituted for declaration, of the respondent’s title to the suit properties and for recovery of possession with mesne profits.

2. The case of the appellants was that though the suit properties were purchased in the name of the first appellant’s mother, the consideration for the purchase of the properties came from the appellant’s father, viz., Madurai Naicker, and therefore, the suit properties were the joint family properties, and Palani Ammal had no title to the properties, and consequently the respondent did not derive any title from Palani Ammal. In short the case of











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