The validity of sale deeds, possession, and enjoyment of properties, and the payment of sale consideration are crucial in determining entitlement to suit properties.

1. Challenge in this second appeal is made to the judgment and decree dated 11.02.2001 passed in A.S.No.43 of 1993 on the file of the Additional Subordinate Court, Tindivanam, confirming the judgment and decree dated 12.03.1997 passed in O.S.No.481 of 1988 on the file of the District Munsif Court, Gingee.

2. The parties are referred to as per the rankings in the trial court.

3. Suit for declaration and permanent injunction.

4. The case of the plaintiff in brief is that the suit properties originally belong to Varadharaja Gounder. The first item of the suit properties had been purchased by the plaintiff, from Varadharaja Gounder for a valid consideration, by way of a registered sale deed dated 01.08.1988 and the second item of the suit properties was purchased by the plaintiff from Varadharaja Gounder by way of a registered sale deed dated 12.08.1985 and the third item of the suit properties was purchased by the plaintiff by way of a registered sale deed and thus the plaintiff is entitled to the suit properties and been in possession and enjoyment of the same. The defendant has no right or title to the suit properties while so, the defendant attempted to interfere with the plaintiff's possession and enjoyment of the suit properties and thereby questioned the title of the plaintiff, in respect of the same and hence the suit for appropriate reliefs.

5. The case of the defendant in brief is that the suit is not maintainable either in law or on facts. The plaintiff is the daughter-in- law of Varadharaja Gounder and the defendant is his daughter and Varadharaja Gounder had three sons and four daughters and his son Raja Gopal had died leaving his L.R's and Varadharaja Gounder and his family members jointly enjoyed the suit properties as family properties and accordingly, Varadharaja Gounder had agreed to sale the same in favour of the defendant and the parties had entered into an agreement of sale for a sum of Rs.23,600/- and accordingly, Varadharaja Gounder had received a sum of Rs.21,000/- as advance and agreed to receive the balance amount at the time of registration and the sale agreement dated 09.06.1988 has come to be effected between the parties. Pursuant to the sale agreement, the possession of the suit properties had been entrusted to the defendant and later on 05.07.1988, Varadharaja Gounder had received a sum of Rs.1,600/- towards sale consideration for meeting out the medical expenses from the defendant and received the balance sum of Rs.1000/- on the date of sale effected on 15.07.1988 and the plaintiff in order to grab the suit properties had anti-dated her sale deed and it is false to state that the suit properties had been purchased by the plaintiff by way of two sale deeds as put forth in the plaint and the same had been fabricated by the plaintiff with the help of her husband and it is only the defendant who had been in possession and enjoyment of the suit properties and hence the suit is liable to be dismissed.

6. In support of the plaintiff's case, P.W's 1 to 5 were examined. Exs.A1 to A18 were marked. On the side of the defendant, D.W's1 to 4 were examined. Exs.B1 to B8 were marked.

7. On a consideration of the oral and documentary evidence adduced by the respective parties and the submissions made, the Courts below were pleased to dismiss the suit laid by the plaintiff. Assailing the same, the present second appeal has been laid.

8. At the time of admission of the second appeal the following substantial questions of law were formulated for consideration.

(i) Whether the Courts below are right in holding that Ex.B3 is a genuine sale Deed and title to the suit property passes through the defendant when there exists an earlier registered sale deed Ex.A4 and A5 which was not at all set aside in the manner known to law?

(ii) Whether the Courts below are right in dismissing the suit without giving any specific finding with regard to the important aspect of the possession of the original title deed of the suit propert