LAWS(MAD)-2008-7-497

MUTHUSWAMY Vs. KAMALATHAL

Decided On July 01, 2008
MUTHUSWAMY Appellant
V/S
KAMALATHAL Respondents

JUDGEMENT

(1.) THIS Second Appeal arises out of the Judgment in A.S.No.41/1992 reversing the Judgment of the trial court in O.S.No.248/1989 and thereby decreeing the Plaintiff's suit for Partition. Unsuccessful 1st Defendant is the Appellant. For convenience, the parties are referred as per their array in the suit.

(2.) THE suit property and other properties originally belonged to one Irulappa THEvar. Genealogy of the said Irulappa THEvar is as under:- First Defendant entered into sale agreement with Palaniappan in respect of the suit property. First Defendant had filed suit against Palaniappan in O.S.No.224/1993 for Specific Performance of agreement for sale. After getting decree against Palaniappan, 1st Defendant Muthusamy filed E.P.No.191/1986 and obtained sale deed through court.

(3.) ON the above pleadings necessary issues were framed. Trial court held that the Plaintiff has not chosen to contest the earlier proceedings and that the Plaintiff had obtained sale deed from Rangasamy Thevar and Irulappa Thevar only after the decree for Specific Performance and therefore Plaintiff cannot claim right on the basis of Ex.A5 sale deed and on those findings, trial court dismissed the Plaintiff's suit.