JUDGMENT

The second defendant in OS No.586 of 2013, who managed to convince the Trial Court to dismiss a suit for partition and declaration that the Sale Deed dated 10.05.1999 executed by the first defendant in favour of the second defendant and the Mortgage Deed dated 09.02.2011 executed by the second defendant in favour of the third defendant as invalid and not binding on the plaintiff, upon the said judgment being reversed by the Appellate Court in AS No.78 of 2015 has come up with this Second Appeal.

2. The plaintiff sued for the aforesaid reliefs contending that the suit property was purchased by him along with his paternal aunt Marakkal during his minority i.e. on 16.09.1992. By virtue of the joint purchase the plaintiff was entitled to a half share in the suit property. The suit property was a vacant site and with a view to put up construction therein by borrowing from the Suramangalam Co-operative Society, the plaintiff ‘s father Mathaiyan filed GWOP No.124 of 1995, before the First Additional District Judge, Salem, seeking permission to mortgage the property with the said Co-operative Society. Though the said permission was granted on 09.08.1996, the mortgage was not effect