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1967 Supreme(Mad) 298

NATESAN
V. O. C. Arumugham Pillai – Appellant
Versus
A. Ilango – Respondent


Advocates:
Sundaram Iyer and T. K. Subba Rao, for Appellant; D. Ramaswami Aiyangar, for Respondents.

Judgement

JUDGMENT :- The first plaintiff has perferred this second appeal, having failed in both the courts below in his suit for a declaration that the suit properties belonged to him alone and for an injunction restraining defendants 1 and 2 from interfering with his possession and enjoyment of the same. The appellant (first plaintiff) is the father, the second defendant is his eldest son, the first defendant is his second son, the second plaintiff and the third plaintiff being his third and fourth sons respectively. The suit properties originally belonged to the Zamindar of Ettayapuram and formed part of his pannai lands. Items 2 and 3 of the plaint schedule, totalling an extent of 15.62 acres of punja lands in Sinnur village, are covered by the sale deed Ex. A. 8, dated 21-2-1956 executed by the Zamindar in favour of the first defendant that is, the second son for a stated consideration of Rs. 1,500/-. The plaint-schedule first item is another 30 acres of punja lands in the said village and have been conveyed by the Zamindar for a consideration of Rs. 5000 under the deed of sale Ex. A. 5 dated 23-2-1958 in favour of the four sons, that is, plaintiffs 2 and 3 and defendants 1 an




















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