Judgment :-

J.M. Panchal, J.

The instant appeal is directed against judgment dated November 27, 2001, rendered by the learned single Judge of the High Court of Judicature at Madras in Second Appeal No. 1435 of 1990 by which the decree dated January 23, 1987, passed by the learned Subordinate Judge of Villupuram declaring the appellant to be owner of the disputed property and directing the respondents to hand over possession of the same to the appellant with mesne profits at the rate of Rs.2000/- per month with proportionate costs, and affirmed (subject to the modification that appellant will be entitled to possession only on deposit of Rs.40,000/-) by the learned District Judge, South Arcot District at Cuddalore vide judgment dated December 15, 1988, rendered in Appeal No. 55 of 1987, is set aside.

2. Thefacts emerging from the record of the case are as under: -

The suit properties originally belonged to the family of the respondents. First respondent (for himself and his minor sons) and the second respondent sold the properties to the appellant for a consideration of Rs.43,000/- by a deed dated June 26, 1983. Out of the sale consideration of Rs.43,000/- a sum of Rs.3,000/- was to