COMMON JUDGMENT

The second appeal in S.A No.51 of 2003 has been filed against the Judgment and decree dated 28.02.2012 passed in A.S No.25 of 2011 by the Principal Sub-Ordinate Judge, Krishnagiri, by confirming the Judgment and Decree dated 13.12.2010 passed in O.S No.303 of 2008 by the District Munsif Court, Krishnagiri.

2. The second appeal in S.A No.52 of 2003 has been filed against the the Judgment and decree dated 28.02.2012 passed in A.S No.26 of 2011 by the Principal Sub-Ordinate Judge, Krishnagiri, by confirming the Judgment and Decree dated 13.12.2010 passed in O.S No.336 of 2007 by the District Munsif Court, Krishnagiri.

3. The appellants in S.A No.52 of 2013 are the plaintiffs in suit O.S No.336 of 2007 on the file of the District Munsif Court, Krishnagiri, filed against the defendants for the relief of declaration and other consequential reliefs with regard to the suit property, as it belongs to first plaintiff and subsequentially the second defendant in O.S No.336 of 2007 filed a suit for partition against this plaintiffs in O.S No.303 of 2008 before the same Court and both the suits were tried jointly by the Trial Court and it was concluded that the suit in O.S No.336 of 2007 filed by the plaintiffs for the relief of declaration, was dismissed and the suit filed by the second defendant in O.S No.303 of 2008 for partition was decreed in favour of the second defendant in O.S No.336 of 2007.

4. Aggrieved over the same, the plaintiff in O.S No.336 of 2007 preferred an appeal before the Sub court, Krishnagiri, in A.S No. 25 and 26 of 2011, wherein, the lower Appellate Court dismissed the appeal by confirming the Judgement and decree of the trial Court. Challenging the same the plaintiff preferred this second appeals. Parties are denoted as per the ranking in O.S No.336 of 2007.

5. The brief facts of the case are as follows:

The suit property is situated at Thatrahali Village in S.No.414, which belongs to the first plaintiff, who got that property thorough gift deed executed by his father/third plaintiff herein, at that time as he was minor represented by her mother/second plaintiff and he possessed and enjoyed the properties. The defendants 1 and 2 are the daughters of the third plainiff's first wife/Rani, who died on 07.02.1990. Thereafter, third plainiff married the second plainiff and they have begotten a child/first plainiff. In the meanwhile, first and second defendants got married in the year 1989 & 1990 respectively and settled with their family. The suit property was purchased by the third plaintiff, out of his own income and savings for value consideration of Rs.3,750/- through sale deed/Ex.A1 dated 12.03.1981. Out of love and affection, third plaintiff executed a gift deed, dated 06.09.2007, in favour of his second wife's son/first plaintiff. Thereafter, he enjoyed the property but the first and second defendants are claiming right over the suit property as Joint family property and caused interference at the intigation of third defendant, who is the husband of the second defendant. Hence, the plaintiff initiated a suit for declaration in O.S No.336 of 2007.

6. Per contra, first and second defendant submitted that they along with third plainiff decided to sell the ancestral joint family property for a sale consideration of Rs.5,800/- for which, third plaintiff received advance, out of that amount he purchased the suit property through sale deed/Ex.A1 dated 12.03.1981. Subsequently, the ancestral property was sold on 30.03.1981. The suit property was purchased by third plaintiff by utilisiing the advance amount received by selling ancestral joint family property. Therefore, the defendants claimed that the suit property is also the joint family property, in which, the defendants are having a share. But the third plainiff refused to give the share and also executed sham and nominal gift deed in favour of the second wife's son/first plaintiff who is not entitled for that. Hence, the defendant filed a suit in O.S No.3