SAROJA Vs. R.P. MATHESWARAN

JUDGEMENT

(1.) The above Second Appeals arise against the common judgment and decrees passed in O.S.No.919 of 2003, I.A.No.264 of 2007 in O.S.No.899 of 2003 and O.S.No.899 of 2003 on the file of the II Additional District Munsif Court, Salem, reversed by the common judgment and decrees of the Additional Sub Court, Salem passed in A.S.Nos.224, 226 of 2007 and 10 of 2008 respectively.

(2.) S.A.No.398 of 2009 arises against the judgment and decree passed in A.S.No.224 of 2007 on the file of the Additional Sub Court, Salem, reversing the judgment and decree passed in O.S.No.919 of 2003 on the file of the II Additional District Munsif Court, Salem. The plaintiffs and second defendant are the appellants and the respondent was the first defendant in the suit. The fourth appellant had died during the pendency of the appeal and his legal representatives were brought on record in the appeal. The plaintiffs filed the suit in O.S.No.919 of 2003 for declaration, injunction and to declare the Settlement Deed dated 07.04.2003 as not binding on them.

(3.) S.A.No.399 of 2009 arises against the judgment and decree passed in A.S.No.226 of 2007 on the file of the Additional Sub Court, Salem, reversing the judgment and decree passed in I.A.No.264 of 2007 in O.S.No.899 of 2003 on the file of the II Additional District Munsif Court, Salem. The appellants 2 to 5, who were the defendants 2 to 5, are the legal representatives of the deceased first appellant, who died pending appeal and who was the first defendant in the suit and the respondent was the plaintiff. The first appellant filed counter claim in I.A.No.264 of 2007 to declare that the three Gift Deeds as null and void, except for 12 cents in Survey No.927 and for injunction.