UDAY UMESH LALIT,J. - (1.) These appeals by special leave challenge the common judgment and order dated 25.07.2003 passed by the High Court of Judicature at Madras dismissing Second Appeal Nos.1307-1308 of 1992 preferred by the appellant (since deceased and now represented by his legal representatives).
(2.) In partition between two brothers effected sometime in 1923, certain properties including the suit property came to the share of one Subramania Iyer. In a subsequent partition executed insofar as branch of said Subramania Iyer was concerned, the properties were equally divided between four sons of said Subramania Iyer, namely, defendant Nos.1 to 4 in the present proceedings. Having given 1/4th share each to said four sons, the right of enjoyment of the properties in question was retained by said Subramania Iyer and his wife Meenakshi Ammal till their life time. Defendant Nos.2 and 1, namely, S. Krishnamoorthy and S. Venkateswaran by registered sale deeds dated 11.09.1975 and 30.09.1975 respectively transferred their undivided share in the properties in question in favour of the appellant. Said Subramania Iyer and Meenakshi Ammal died in the years 1975 and 1984 respectively.
(3.) The appellant thereafter filed Original Suit No.64 of 1985 on the file of the District Munsif Court, Uthamapalayam seeking declaration that he was entitled to undivided half share in the suit property which was described in schedule to the plaint. Relying on two sale deeds effected by Defendant Nos.1 and 2 it was contended that the appellant was entitled to one half share in the suit property. It may be noted here that Defendant No.2, S. Krishnamoorthy did not have a son but Defendant No.1, S. Venkateswaran had four sons. However, said four sons were not made parties in Original Suit No.64 of 1985. The appellant thereafter filed O.S. No.265 of 1986 seeking injunction against the defendants named therein. In this suit said four sons of S. Venkateswaran were added as parties.;