Dismissal of suit for not discharging the burden of proof.

Defendants 2 to 5 in O.S.No.711 of 1979, on the file of District Munsif’s Court, Erode, are the appellants. 5th appellant is the legal representative of 1st appellant who died pending suit.

2. Respondents were also impleaded only in their capacity as legal representatives of the deceased plaintiff, who died after the dismissal of the appeal by the lower appellate court and before the institution of this second appeal.

3. Malaya Gounder, who is now no more, filed the suit for declaration and permanent injunction on the following allegations:

The plaint schedule property originally belonged to the plaintiff and his younger brother Marappa Gounder, and they constituted a Joint Hindu Family. Marappa Gounder died in or about 1922 leaving behind his wife Nachayee and only daughter Ammani Ammal. He had no sons, and, being a joint family property, by survivorship plaintiff became absolute owner of those properties. Nachayee also died sometime in the year 1925. When Marappa Gounder was alive, he stood guarantee for his uncle Chennimalai Gounder in a loan transaction advanced by one Somasundaram Chettiar for Rs.200. Somasundaram Chettiar, a Nattukottai Chettiar, was a money-lender. It appears that Chennimalai Gounder was indebted to that money-lender very heavily. It is said that in order to shield the properties belonging to Chennimalai Gounder, he approached one Palayakottai Pattayakkarar, who was a very influential person in that locality. At the instance of Pattayakkarar, Chennimalai Gounder executed a sale deed of all his properties in favour of his Secretary Ramiah Pillai. More than ten acres of land were in the hands of Chennimalai Gounder through Ramiah Pillai His uncle thereafter migrated to Tiruppur, and never returned to the village. The money-lender Somasundaram Chettiar, on understanding that the entire property of Chennimalai Gounder has been taken ever by Pattayakkarar, filed O.S.No.338 of 1925, making Chennimalai Gounder and plaintiff as defendants. Plaintiff was impleaded as legal representative of his brother Marappa Gounder, who was the guarantor for the debt of Rs.200. The suit was decreed ex parte, and later, properties belonging to or in the possession of the plaintiff were brought to sale in court auction. The auction was held on 8. 1927. By that time, the money-lender was also no more, and in the Execution Petition, he was represented by his legal heir Chockalingam Chettiar. In court sale, the plaint property was bid for a sum of Rs.305. The sale was confirmed and symbolical possession was also taken by one Subramania Iyer, a benamidhar of the decree-holder Chockalingam Chettiar. Long thereafter, plaintiff approached Pattayakkarar, and he very influential person in that locality. At the instance of Pattayakkarar, Chennimalai Gounder executed a sale deed of all his properties in favour of his Secretary, Ramiah Pillai. More than ten acres of land were in the hands of Chennimalai Gounder through Ramiah Pillai. His uncle thereafter migrated to Tiruppur, and never returned to the village. The money-lender Somasundaram Chettiar, on understanding that the entire property of Chennimalai Gounder has been taken over by Pattayakkarar, filed O.S.No.338 of 1925, making Chennimalai Gounder and plaintiff as defendants. Plaintiff was impleaded as legal representative of his brother Marappa Gounder, who was the guarantor for the debt of Rs.200. The suit was decreed ex parte, and later, properties belonging to or in the possession of the plaintiff were brought to sale in court auction. The auction was held on 8. 1927. By that time, the moneylender was also no more, and in the Execution Peti- tion, he was represented by his legal heir Chockalingam Chettiar, in Court sale, the plaint property was bid for a sum of Rs.305. The sale was confirmed and symbolical possession was also taken by one Subramania Iyer, a benamidhar of the decree-holder Chockalingam Chettiar. Long thereafter, plaintiff approached Pattayakkarar, and h