P MUNIRATHINAM Vs. R MUNISAMI

JUDGEMENT

(1.) The First Appellant/Plaintiff (Deceased) while alive has projected this Second Appeal as against the Judgment and Decree dated 18.02.1997 in A.S.No.36 of 1994 on the file of the Principal District Judge, Vellore.

(2.) Subsequent to the death of the First Appellant/Plaintiff (Deceased), his Legal Representatives viz., Appellants 2 to 5 have been arrayed as Appellants in the Second Appeal.

(3.) The First Appellate Court viz., the Principal District Judge, Vellore in the Judgment in A.S.36 of 1994 dated 18.12.1997 has among other things observed that '...absolutely there is no evidence on the side of the Plaintiff to prove that the Defendants 1 and 2 were the absolute owners of the suit property and they had right to convey title to the suit property and has come to the conclusion that by means of Ex.A1 Sale Deed dated 24.05.1980, the Plaintiff does not derive any right to the suit property and therefore, he is not entitled for Declaration and Delivery of possession asked for and consequently, dismissed the suit, thereby confirming the Judgment and Decree passed by the trial Court in the suit.'