C. KUMARAPPAN
Devaraj – Appellant
Versus
Alamelu (deceased) – Respondent
JUDGMENT :
Since the parties to the suit and the issues involved in the suit are common, this Court deems it appropriate to dispose of both the Second Appeals by way of a common judgment.
2. SA.No.274 of 2001 arising out of the suit in O.S.No.130 of 1985. Similarly, S.A.No.275 of 2001 arising out of O.S.No.386 of 1982.
3. For the sake of convenience, “O.S.No.386 of 1982” shall be referred to as “Muthammal suit”, and “O.S.No.130 of 1985” shall hereinafter be referred to as “Alamelu suit”. In Muthammal suit, Alamelu was arrayed as a defendant. In Alamelu suit, Muthammal, her husband and children were arrayed as the defendants. The suit properties in both the suits are one and the same.
The brief facts, which give rise to the instant Second Appeals are as follows:-
4. In Muthammal suit, she contend that she derived title by virtue of a sale deed executed by one Mr.Irusa Gounder on 17.02.1982. In respect of Alamelu suit, she projected a title through a settlement deed dated 07.09.1978 executed by her husband Dasa Gounder. Therefore, their pleadings and defence is based on the sale deed stands in the name of Muthammal and settlement deed stands in the name of Alamelu.
Evidence and Documents:-
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