S.A.No.39 of 2012

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

: 28.11.2022

PRONOUNCED ON

: 31.01.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

S.A.No.39 of 2012

and M.P.No.1 of 2012

1.Govindasamy

2.Murugaiyan

3.Ayyasamy

4.Ayyanar

5.Chandra

6.Parameswari

7.Nithesh

8.Sathish

9.Radha

10.Sundari

11.M.Ayyanar

12.Ramesh

13.Annamalai

...Appellants

[Appellants 4 to 8 brought on record as the

legal heirs of the deceased 1^st appellant vide

order vide order of this Court dated

01.04.2016 made in C.M.P.No.966 to 968 of

2016 in S.A.No.39 of 2012]

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S.A.No.39 of 2012

[Appellants 9 to 12 brought on record as the

legal heirs of the deceased 1^st appellant vide

order vide order of this Court dated

01.04.2016 made in C.M.P.No.969 to 971 of

2016 in S.A.No.39 of 2012]

[2^nd respondent transposed as 13^th appellant

vide order of this Court dated 01.04.2016 in

C.M.P.No.965 of 2016 in S.A.No.39 of 2012]

Vs.

Munusamy

...Respondent

PRAYER : Second Appeal filed Under Section 100 of the Code of Civil

Procedure against the Judgment and Decree dated 15.07.2011 made in

A.S.No.2 of 2011 on the file of the Subordinate Judge, Tindivanam, partly

allowing the Judgment and Decree dated 29.09.2010 made in O.S.No.154 of

2008 on the file of the Additional District Munsif, Tindivanam.

For Appellants

: Mr.N.Suresh

For Respondent

: Mr.T.T.Ravichandran

JUDGEMENT

This Second Appeal is preferred as against the Judgment and Decree

dated 15.07.2011 made in A.S.No.2 of 2011 on the file of the Subordinate

Judge, Tindivanam, partly allowing the Judgment and Decree dated

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S.A.No.39 of 2012

29.09.2010 made in O.S.No.154 of 2008 on the file of the Additional

District Munsif, Tindivanam.

2.The appellants 1 to 3 herein are the defendants 2 to 4 in the suit;

appellants 4 to 8 are the legal heirs of the 1^st appellant and appellants 9 to 12

are the legal heirs of the 2^nd appellant. The 2^nd respondent was transposed as

13^th appellant and the respondent herein is the plaintiff in the suit.

3.For the sake of convenience, the parties are referred to as per their

ranking before the trial Court.

4.The suit property has been situated in Survey No.62/1, New Survey

No.107/1, in Vizhukam Village, Tindivanam Division, and the extent of

property is 2 acres 97 cents. According to the plaintiff, the suit property as

well as some other properties were acquired by way of inheritance by one

Ponnusamy Nainar and after his demise, his three sons Pushpanatha Nainar,

Anandharaji Nainar and Krishnadoss Nainar divided the properties in terms

of the partition deed dated 19.09.1960, wherein, 1.48 acres of the suit

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S.A.No.39 of 2012

property was given to Pushpanatha Nainar and 1.40 acres was given to

Krishnadoss Nainar. The said partition deed has been marked as Ex.A.1.

5.The said two persons were in possession and enjoyment of the

property and subsequently, the property allotted to Krishnadoss Nainar, was

sold to Appavu Nainar S/o.Ayyanna Nainar vide sale deed dated 26.06.1963

which has been marked as Ex.A.2. Likewise, the property allotted to

Pushpanatha Nainar was sold to one Ramesh S/o.Appavu Nainar vide sale

deed dated 03.03.1979, which has been marked as Ex.A.3. Thus, the suit

property which was allotted to Pushpanatha Nainar and Krishnadoss Nainar

in the partition dated 19.09.1960 was purchased by Appavu Nainar and his

son Ramesh as per Sale deed dated 26.06.1963 and 03.03.1979 respectively

and ever since they were in possession and enjoyment of the property till it

was sold to the plaintiff/ Munusamy on 18.06.1996 by the legal heirs of the

Appavu Nainar after his demise. The said sale deed has been marked as

Ex.A.4.

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S.A.No.39 of 2012

6.Thereafter, the plaintiff was in possession and enjoyment of the

same. The plai